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(영문) 서울동부지방법원 2017.02.15 2016고단4151
농지법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of D land and a building on its ground in Namyang-si, Namyang-si, the interest of the development restriction zone.

1. No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up articles, etc. shall be performed in a zone in which special measures against the designation and management of a zone subject to development restriction have been taken or restricted;

Nevertheless, on September 2016, the Defendant changed the use of a building that was permitted as a stable in Nam-si, Nam-si, a development restriction zone, into two warehouses with a steel structure of 248.4 square meters of 248 square meters and used it as a household warehouse without permission from the competent authority, and extended the two warehouses with a height of 1,00 square meters by linking the two warehouses. The Defendant extended a steel pipe structure of 120 square meters of 20 square meters of 420 square meters of 40 square meters of 6 square meters of 48 square meters of 480 square meters of 120 square meters of 120 square meters of 20, and changed the form and quality of the land by making a container in front of the above building, the land category of which is located.

2. No person who violates any Act on Farmland shall divert farmland outside an agricultural promotion area without obtaining permission therefor;

Nevertheless, the Defendant diverted farmland outside the agriculture promotion area in the same manner as in the preceding paragraph without obtaining permission from the competent authorities for diversion of farmland at the time and place specified in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 57 (2) and 34 (1) of the Farmland Act concerning facts constituting an offense; Articles 31 (2) 1 and 12 (1) of the Act on Special Measures concerning the Designation and Management of Development Restriction Zones;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of selective fine for punishment (the fact that there is no record of punishment exceeding the same type and fine, confession and reflect of the crime in this case, and there is a family member to support the crime in this case, etc.

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