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(영문) 수원지방법원 안산지원 2015.02.11 2014고단2301

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B leased D farm land 86,318 square meters in Si-si, Si-si, which was designated as a development restriction zone, and entered into a contract with Defendant A, who is engaged in construction business, on a deposit basis with Defendant A and 6,500 square meters in order to make a flat necessary to operate a marina on the said land.

Defendant

A, from June 2, 2014 to September of the same month, from among the above contracts, he cut the part of 6,500 square meters of the above land by using cream, dump truck, sump truck, sump reservoir, etc. without obtaining permission from the competent authority, and filled up soil at a height of approximately 1.5 meters.

Accordingly, Defendants conspired to change the form and quality of land in development restriction zones without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. The accusation statement, accusation statement, and on-site photograph of the Si interest and viewing;

1. Confirmation of land use plan;

1. Application of lease contract Acts and subordinate statutes;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 30 of the Criminal Act concerning facts constituting an offense. Article 32 subparagraph 1 of the same Act and Article 30

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;