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(영문) 수원지방법원 성남지원 2016.04.18 2016고단55

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, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is the owner of a greenhouse permitted for the purpose of growing crops, such as horticultural facilities, etc. located inHanam-si B, which is a development restriction zone without permission within the development restriction zone;

Any person shall obtain permission from the competent authority to construct a building, change the purpose of use, etc. in a zone subject to development restriction.

Nevertheless, from August 3, 2015 to August 10, 2015, the Defendant changed the use of the wall of the greenhouse (309.23 square meters) located in the Hanam-si B from around August 3, 2015 to the window for creative production without permission of the competent authority.

2. The Defendant, who failed to comply with a corrective order issued by the head of Hanam-si to reinstate not later than October 12, 2015, on September 14, 2015, with respect to the alteration of the purpose of use, etc. as stated in paragraph (1) of the same criminal facts.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Written statements of D;

1. Investigation reports on illegal acts, summary floor plans, general building ledgers, building status drawings, and land registers;

1. Corrective order;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 32 Subparag. 1 of the same Act, the proviso to Article 12 Subparag. 1 of the same Act (the point of unauthorized use), Article 32 Subparag. 2 of the same Act and Article 30(1) of the same Act concerning facts constituting an offense, and the selection of fines;

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

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;