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(영문) 인천지방법원 2014.08.08 2014고단3443

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of Nam-gu Incheon Metropolitan City C (C) and D (D) who is a development restriction zone.

1. Where it is intended to construct or alter the purpose of use of a building, install a structure, etc. in a development restriction zone violating the Act on Special Measures for Designation and Management of Development Restriction Zones due to non-permission changes, etc.

In around 2011, the Defendant changed the use of livestock pens 481 square meters in Nam-gu Incheon Metropolitan City to a housing of 195 square meters, a warehouse of 250 square meters, and an office of 36 square meters without permission from the competent authority.

Around April 2013, the Defendant continued to build a container warehouse (18 square meters) in Nam-gu Incheon Metropolitan City D and constructed a building without permission from the competent authority.

2. The Defendant violated the Act on Special Measures for Designation and Management of Development Restriction Zones due to nonperformance of corrective orders even though he/she was ordered three times in total to correct the violation by the Incheon Southern-gu Office, the competent authority, on November 6, 2013, with respect to the construction of a building, the purpose of use of use of a development restriction zone, and the construction of a building in a development restriction zone, as prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Location map and on-site photographs;

1. Orders for correction of illegal acts within development restriction zones, directions for correction of illegal acts within development restriction zones, and application of Acts and subordinate statutes requiring correction of illegal acts within development restriction zones;

1. Article 32 subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Selection of Fines

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.