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(영문) 인천지방법원 부천지원 2016.03.16 2015고정865
건축법위반등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to build a temporary building to be used as a temporary warehouse, etc. shall commence construction after reporting to the competent Mayor, etc., and a person who intends to divert farmland shall obtain permission from the head of the agricultural and forestry food department.

1. The Defendant, from March 18, 2008 to July 2, 2015, filed a report with the competent Mayor of Kimpo-si, and filed a report on construction of only 18 square meters of the original container (see, e.g., evidence records 44) and did not file a report on the said temporary building separately constructed, the Defendant diverted farmland to be used after starting construction of three square meters of a building on the land located outside the agriculture promotion area, which is farmland outside the agriculture promotion area without obtaining permission from the head of the department of the department of the agricultural, forestry, and livestock industry, notwithstanding the fact that the Defendant did not obtain permission.

2. The Defendant falsely reported that he/she constructed a container structure in D from May 9, 2011 to July 2, 2015. Notwithstanding the permission of the Director General of the Agriculture and Forestry and Livestock Industry, the Defendant diverted the use of farmland to build and use a building for a steel-frame temporary structure on the land located outside the agriculture promotion area, which is farmland, without obtaining permission from the Director of the Food and Agriculture Industry.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Entry of land information;

1. Each entry in a report on the erection of a temporary building (C-related, evidence No. 13-2, evidence No. 44 pages), a report on the erection of a temporary building (D-related, evidence No. 13-3, evidence No. 46 pages);

1. Application of each video statute of the current status photograph (number 7-1 of the evidence list, 17 pages of the evidence record), field photograph (number 13 of the evidence list, page 41 of the evidence record)

1. Subparagraph 1 of Article 111 of the Building Act, Article 20 (3) of the same Act (a temporary building is not reported or falsely reported), Article 57 (2) and Article 34 (1) of the same Act of each farmland for criminal facts (a point for diversion of farmland without permission);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a crime of violating the Building Act for each temporary building, a crime of violating the Farmland Act, and a crime of violating the same Act, and a punishment shall be imposed on a crime of violating the Building Act with heavier punishment.

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