개발제한구역의지정및관리에관한특별조치법위반
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
Any person who constructs a building, alters the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone which has not been permitted by a competent authority, shall comply with an order issued by the competent authority to suspend construction, or remove, close, rebuild or relocate a building, structure, etc. or to take other necessary measures with regard thereto.
1. On April 22, 2016, the Defendant issued a corrective order to reinstate a container of approximately 370 square meters in the area of approximately 6,503 square meters in the area of Hanam-si, other than Hanam-si, which is a zone subject to the restriction of development, to the extent that he/she installed approximately 6,503 square meters of a container by May 20, 2016, but did not comply with the corrective order.
2. On August 16, 2016, the Defendant issued a corrective order to reinstate the same container installation as described in paragraph (1) in a zone subject to development restriction from the lower-Namnam market by August 16, 2016, to the original state by August 25, 2016.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of investigation of offenses;
1. Business registration certificate, summary floor plan, each present state photograph, land register, and certificate of land use plan;
1. Order for correction and inquiry into delivery of registered mail;
1. Investigation reports (to attach photographs of interview BScar atHanam-si) and the application of each statute of photograph;
1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Punishment, and the proviso to Article 30 (1) 1 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes;
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 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as the fact that the defendant commits a mistake against the defendant and there is no record of punishment exceeding the fine, and that the defendant has fully complied with the corrective order);