beta
(영문) 서울중앙지방법원 2016.08.17 2016고정1884

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, without obtaining permission from the competent authorities in around 2003, installed six plastic houses of 1,652 square meters in total on the area of 6,231 square meters in Gangnam-gu Seoul, Gangnam-gu, Seoul, which are located within the development restriction zone, and used as residential areas and flowers farms.

Defendant was ordered by the head of Gangnam-gu Office to reinstate the said vinyl by September 22, 2015 in relation to the said vinyl, and the Defendant was issued a corrective order again on September 25, 2015 to reinstate the original said vinyl by no later than October 12, 2015, but did not comply with it until October 12, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation or accusation against an illegal actor within the development restriction zone;

1. A public official's statement;

1. Instructions for correction and demand for correction of illegal acts within the development restriction zone;

1. On-site photographs;

1. Land use planning personnel;

1. Application of Acts and subordinate statutes on postal search;

1. Article 32 Subparag. 2 of the Act on Special Measures for the Establishment and Management of Areas subject to Restrictions on the Selective Development of Punishment and Specific Measures concerning Facts constituting an offense, and Articles 30 Subparag. 1 and 30 Subparag. 1 of the Act on Special Measures for the Selection of Fines

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;