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(영문) 의정부지방법원 2020.10.14 2020고단2691
관광진흥법위반등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person who intends to operate a camping ground business which is a tourist-use facility business of 2020 group or 2691 shall register with the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, or

The Defendant did not register with the competent authority, from November 2, 2018 to April 17, 2020, operated a camping business by providing tourists with facilities for the use of tourists, such as a repair house, toilet, etc., and providing them with sites necessary for lodging, and giving them receive 40,000 won in return for providing them with a site necessary for lodging.

A person who intends to divert the use of farmland of "20 highest 4158" shall obtain permission from the Minister of Agriculture, Food and Rural Affairs.

Nevertheless, from September 2015 to July 2016, the Defendant constructed a toilet building necessary for the operation of the camping site without obtaining a farmland diversion permit on the 2,970 square meters of 5,721 square meters of 11,378 square meters of 5,721 square meters of 4,815 square meters of 2,268 square meters of 5,815 square meters of 2,268 square meters of 2,268 square meters of 4,483 square meters of 2,000 square meters of 11,378 square meters, which is farmland outside the agricultural development area, and created a road or a site for the installation of a stud

Summary of Evidence

[200 Highest 2691] The accused’s written confirmation of the violation of the police interrogation protocol E of the accused’s interrogation protocol on the accused’s legal statement, on-site photographs, and closure of the website “2020 Highest 4158】

1. Defendant's legal statement;

1. A written statement of the police suspect interrogation protocol F and G against the accused;

1. Application of field photographs, satellite photographs, land use planning sources, and land cadastre-related Acts and subordinate statutes;

1. Relevant provisions concerning criminal facts, Articles 83 (2) and 4 (1) of the Tourism Promotion Act (the occupation of running the camping site business without registration, imprisonment selection), Articles 57 (2) and 34 (1) of the Farmland Act (the occupation of diversion of farmland without permission and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Circumstances unfavorable to the reasoning of sentencing under Article 62(1) of the Criminal Act: The defendant, while managing a swimming pool without registration, has been subject to punishment twice as a violation of the Tourism Promotion Act.

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