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(영문) 제주지방법원 2016.09.22 2015고합158
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

The Defendant is a person who newly constructs a fish farm under the name of E fishery partnership corporation (hereinafter “instant association”) in Seopoposi C and D (hereinafter “instant land”). The Defendant is a person who newly constructs a fish farm under the name of J fishery partnership corporation in the name of F, G, H, and I (hereinafter “instant adjacent land”).

1. On December 15, 201, the Defendant newly constructed a water tank of more than 4,234 square meters in the adjoining land of the instant case, without permission to engage in development activities with a water tank area of 4,802 square meters for a fish farm newly built under the name of J fishing association from the Seopo City around December 15, 201.

2. On May 9, 2012, the Defendant newly constructed a water tank with a water tank area of 4,773.96 square meters with respect to a fish farm newly constructed under the name of the instant association from the Seopopopool market (hereinafter “instant fish farm”). However, even if the Defendant obtained permission to engage in development activities with respect to the water tank area of 4,773.96 square meters, around November 201, 2012, a water tank with a water tank of more than 567.49 square meters with respect to the land of this case exceeding 893.53 square meters without

Summary of Evidence

1. Statement by the defendant in court;

1. Partial testimony of witness K or L;

1. Statement by each prosecutor's office with respect to M (including the N)

1. Investigation reports (on-site verification and attachment of photographs), investigation reports (a copy of appraisal reports, etc. submitted by K which is a complainant), investigation reports (Attachment of documents, etc. related to development activities), investigation reports (Attachment of documents, etc. related to permission for fisheries on land seawater) and accompanying materials;

1. Application of Acts and subordinate statutes on the entire certificate of registration and land register;

1. Article 140 subparagraph 1 of Article 140 of the National Land Planning and Utilization Act and Article 56 (2) of the same Act concerning the preparation of applicable laws and punishment for a crime (or the choice of imprisonment);

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes prescribed in a violation of the National Land Planning and Utilization Act concerning the fish farm of this case, the penalty of which is heavier);

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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