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(영문) 수원지방법원 성남지원 2015.03.12 2014고단3004

개발제한구역의지정및관리에관한특별조치법위반

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant is the owner of D in South-Nam-si designated as a development restriction zone, and is a person who operates a general restaurant of approximately 40 square meters in the name of “E” in the above building.

No building, alteration of purpose of use, installation of a structure, etc. shall be allowed in a development restriction zone without permission of the competent authority.

Nevertheless, on April 2012, the Defendant changed the form and quality of 200 square meters among D’s 416 square meters of “Seoul” into a parking lot without the permission of the competent authority for the purpose of profit-making of the said restaurant.

Summary of Evidence

1. Defendant's legal statement;

2. A statement of the F;

3. A written investigation of offenses and field photographs;

4. Application of the Acts and subordinate statutes of land cadastre, cadastral map copy, and land use confirmation personnel;

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 constituting a crime, the selection of imprisonment or imprisonment;

2. Article 62 (1) of the Criminal Act on the suspension of execution;