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(영문) 인천지방법원 2014.04.25 2014고정1222

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is a person who uses a light steel-frame building (29m2) constructed in around 2003 in the land in Incheon, Nam-gu, Incheon, which is a development restriction zone, as a farming use manager without obtaining permission from the competent authority.

On October 3, 2013 and November 1, 2013, the Defendant failed to comply with the corrective order issued by the head of Nam-gu Incheon Metropolitan City Office to restore the said building to its original state.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Corrective orders against illegal acts within development-restricted areas, and directions for correction of illegal acts within development-restricted areas;

1. Application of statutes governing land use plans, entire certificates of registered matters;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 and 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

1. Articles 70 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.