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(영문) 인천지방법원 2013.04.18 2013고정350

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is the owner of land outside of Incheon Nam-gu, Incheon, and one parcel of land, which is a development restriction zone.

A person who intends to construct a building in a development-restricted zone shall meet certain requirements and obtain permission from the competent authority, and also comply with a corrective order, such as removal, reconstruction, etc. of a building, if the competent authority issues a corrective order against such violation.

Nevertheless, the defendant arbitrarily constructed a building on the ground of the above land without any permission of the date and arbitrarily loaded fishing gear and other things, and changed the use of the building to fishing gear repair and office with the purpose of using the building permitted for the storage of agricultural and fishery products.

On September 7, 2012, the defendant was ordered to restore the above violation to the original state by September 17, 2012, from the Incheon Southern-gu Office, the competent authority, to the original state, but did not comply with the order without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Land use plan confirmations, ordinary building ledgers, corrective orders (1j) for illegal acts inside development-restricted areas, and directions for correction and promotion of illegal acts inside development-restricted areas (2j);

1. Application of the location map and on-site photograph statutes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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