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(영문) 수원지방법원 성남지원 2017.04.28 2017고단200

개발제한구역의지정및관리에관한특별조치법위반

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Any person who intends to 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 within a zone subject to development restriction shall obtain permission from the competent authority;

The Defendant newly constructed a steel pipe warehouse with a 72 square meters wide, around January 2016, and a steel pipe warehouse with a 105 square meters wide, around February 2016, and 1,082 square meters wide before around around 2016, without obtaining permission from the competent authority, in Hanam-si and D (former) where the development restriction zone is a development restriction zone.

Accordingly, the defendant constructed a building in the development restriction zone without obtaining permission from the competent authorities, and changed the form and quality of the land.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on July 8, 2016, the Defendant issued a corrective order to reinstate the original form and quality of the act, etc. as described in paragraph (1) from the subordinate market until August 5, 2016, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation of E;

1. A written accusation;

1. Status of corrective orders, investigation documents (D) and delivery of offenses;

1. Application of Acts and subordinate statutes of (C), written confirmation of land use plan (C), and land ledger (D);

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for the Designation of Areas subject to Restriction on Development; and the Selection of fines;

1. Article 37 (former part of Article 37 of the Criminal Code, Article 38 (1) 2 and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes;

1. Article 70 of the Criminal Act to attract a workhouse.