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(영문) 춘천지방법원 2015.07.07 2014고정536
국토의계획및이용에관한법률위반등
Text

Defendant shall be punished by a fine not exceeding 3.5 million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Any person who intends to divert farmland outside an agricultural promotion area shall obtain permission to divert farmland from the competent authority;

Nevertheless, the defendant is 2014 (the year 2013 written in the indictment is a clerical error). From July 1, 2014 to the same year.

8. 4. up to the day, the farmland was packed with concrete using ready-mixeds, etc. in order to convert the said farmland to the weekend farm from the farmland of 178 square meters in Yangwon-gun B without obtaining permission from the competent authority for diversion of farmland.

2. Any person who violates the National Land Planning and Utilization Act shall obtain permission from the competent authorities;

Nevertheless, the defendant is 2014. From July 1, 2014 (the year 2013, written in the indictment).

8.4. Until April, without obtaining permission from the competent authority, the form and quality of the above land was modified by packaging concrete with ready-mixeds, etc. on the land of 178 square meters area located in Gangseo-gu Yangwon-gun B as described in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Land cadastre, a certified copy of cadastral map and a land use plan certificate;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on Criminal Facts, Article 140 subparagraph 1 of the National Land Planning and Utilization Act, Article 56 (1) 2 of the Act on Planning and Utilization of the National Land Planning and Utilization ( point without permission for any change in the form and quality), Articles 57 (2) and 34 (1) of the Farmland Act ( point of unauthorized diversion of farmland outside the farmland promotion zone), the selection of fines;

1. Aggravation of concurrent crimes among concurrent crimes within the scope of the sum of the maximum amount of crimes committed in violation of the National Land Planning and Utilization Act, Articles 37 (former part), 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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