개발제한구역의지정및관리에관한특별조치법위반
Defendant shall be punished by a fine of KRW 3,000,000.
If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.
Punishment of the crime
1. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land within a development restriction zone without permission;
Nevertheless, around November 2016, the Defendant operated a restaurant with the trade name “C” on three lots, such as Geum-gu, Busan, which is a development-restricted zone B, and changed the form and quality of land in a way of packaging concrete on the part of 67.75 square meters of the above land without obtaining permission from the competent authority.
2. The head of a Si/Gun/Gu who fails to comply with a corrective order may issue a corrective order where he/she finds any act constituting the construction of a building, alteration of the use of a building, installation of a structure, alteration of form and quality of land, etc. without obtaining permission in a development restriction zone, and
Nevertheless, in relation to the above Paragraph 1, the Defendant did not implement an order within a fixed period of time, even though he/she received an order to restore the same to the original state within 30 days through the letter of "reorder to correct the illegal act within a development-restricted zone" from August 24, 2018 from the head of the Busan Metropolitan Government Geum-gu, which was issued by the Defendant on September 28, 2018, the letter of "request to correct the illegal act within a development-restricted zone" on September 28, 2018, and on October 24, 2018.
Summary of Evidence
1. Defendant's legal statement;
1. A written accusation;
1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment, such as instructions and answers for corrective measures);
1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts of the crime, subparagraph 2 of Article 32 and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development, and Selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Criminal Act for the detention of a workhouse;