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(영문) 수원지방법원 안산지원 2018.11.07 2018고단2731

공공주택특별법위반

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the actual owner of B's land located in a broad time when he/she is a special management area under the special Act on Public Housing.

No one shall construct any building or alter the purpose of use, install any structure, change the form and quality of land, fell bamboo and trees, divide land, store articles within a special management area under the special Acts of public housing.

Nevertheless, around April 2018, the Defendant constructed one Dong (27 square meters) of a container office on the above land. From March 2018 to April 2018, the Defendant cut 630 square meters out of the above land and changed the form and quality of the land.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (verification of data that this piece of land falls under the special management area);

1. Article 58 (1) 1 of the relevant Act and Article 6-3 (1) of the Special Act on Public Housing for the Selection of Crimes and the Selection of Fines for Punishment;

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

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