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(영문) 서울남부지방법원 2017.01.10 2016고정2645

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

1. Any person who intends to construct a building, alter the purpose of use of a building, install a structure, etc. in a zone subject to development restriction shall obtain permission from the competent administrative agencies;

Nevertheless, the Defendant, without obtaining permission from the competent administrative authority on October 2015, used one greenhouse for agriculture in Gangseo-gu Seoul, Gangseo-gu, Seoul, which is a zone subject to the restriction on development, for the purpose of using it as a sand storage for construction purposes. On January 2016, the Defendant constructed one building of a ethyl panel in the above place (45 square meters).

2. Where anyone intends to construct a building, change the purpose of use of a building, install a structure, etc. in a zone subject to development restriction, he/she shall obtain permission from the competent administrative agency, and where he/she has received a corrective order from the competent administrative agency by doing the above acts without permission, he

Nevertheless, the Defendant, without obtaining permission from the competent administrative office on October 1, 1999 at the same place as that of paragraph (1) of the same Article, constructed one unit of store for agricultural machinery (168 square meters), and did not comply with an order issued by the competent administrative office on October 8, 2014 from the competent administrative office. < Amended by Act No. 12844, Nov. 19, 2014; Act No. 13585, Oct. 12, 2015; Act No. 13284, Oct. 4, 2012;

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the relevant Acts and subordinate statutes to a written confirmation, location map, and control site photograph;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Acts, Article 12 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (unpermitted Alteration of Use and Construction of Buildings), Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Selection of fines, respectively;

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

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;