beta
(영문) 수원지방법원 2020.03.12 2020고정63

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Where the head of a Si/Gun/Gu finds any building or alteration of the purpose of use of a building, installation of a structure, change of the form and quality of land, deforestation of bamboo and trees, partition of land, piling-up of goods, etc. in a development restriction zone, he/she may order the relevant violator to suspend construction, to remove, close, rebuild or relocate buildings, structures, etc., or to take other necessary measures within a reasonable period, and

The Defendant, from around 209 to April 16, 2019, installed a road on a forest of 375 square meters in the area, without obtaining permission from the competent authority, in Suwon-gu, Suwon-si, which is a development restriction zone, in the area B, and changed the form and quality of the forest by cutting the forest or using it as a dry field several times, constructed a building on the area of 143.64 square meters, and cut the bamboo and trees in the total area of 1,290 square meters, and stored goods in the area of 2,850 square meters.

1. On November 15, 2017, the Defendant issued a corrective order with the head of Suwon-si to voluntarily maintain the said illegal act by no later than August 31, 2017 from July 28, 2017; the Defendant issued a corrective order with the head of Suwon-si to voluntarily maintain the order by no later than October 16, 2017; and the Defendant did not comply with the corrective order with the purport that voluntary maintain the order by no later than November 15, 2017, respectively, even though he/she received the corrective order with the purport that voluntary maintain the order by no later than December 1, 2017.

2. On May 3, 2018, the Defendant did not comply with the corrective order, issued by the head of Suwon-si, to the head of the Suwon-si, ordering the voluntary improvement by April 9, 2018, with respect to the above unlawful act, even though he/she received the corrective order, from May 3, 2018 to May 18, 2018.

3. On May 9, 2019, the Defendant did not comply with the corrective order issued by the head of Suwon-gu, the head of Suwon-si to voluntarily maintain the aforementioned illegal act by June 9, 2019, even though he/she received the corrective order from the head of Suwon-gu, which was around May 9, 2019.

Summary of Evidence

1..