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(영문) 인천지방법원 2018.02.02 2018고정191

개발제한구역의지정및관리에관한특별조치법위반

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

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles without permission from the competent authority.

1. Nevertheless, from October 2016 to March 20, 2017, the Defendant changed the use of a building of the general steel structure of 147.6 square meters in Incheon Gyeyang-gu, which is a development restriction zone without permission from the competent authority, to a general warehouse.

2. The defendant did not comply with the corrective order issued by the head of Gyeyang-gu Incheon Metropolitan City, which issued by the head of Gyeyang-gu Incheon Metropolitan City, to the effect that the above building "the above building that changed its use without permission is restored to its original state" as follows.

A. On October 21, 2016, the Defendant did not comply with the corrective order to reinstate the original state by December 2, 2016.

B. On December 7, 2016, the Defendant did not comply with a corrective order to reinstate the original state by January 13, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inform correction and urge correction of illegal acts in the accusation site, location map, on-site photographs, confirmation of land use plan, entire certificate of registered matters, general building ledger, and development restriction zone;

1. Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction of Development, the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction of Development, and Article 32 of the Act on Special Measures for Designation and Management of Areas subject to Restriction of Development, respectively, Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction of Development, and Article 30 (1) of the Act on Special Measures for Designation of Areas subject to Restriction of Development, and Selection of fines;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.