beta
(영문) 인천지방법원 2013.04.04 2013고단666

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the owner of the land of 1,691 square meters in Gyeyang-gu Incheon Metropolitan City, a development-restricted zone.

No person shall construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods or perform an urban/Gun planning project for profit-making purposes: Provided, That in cases of an exceptionally changing the purpose of use of livestock pens to warehouses for storing agricultural and fishery products produced in the area within the total floor area of existing facilities, such act may be performed with permission from the Governor of a Special Self-Governing Province

Nevertheless, the Defendant, from June 8, 2012 to October 12, 2012, without obtaining permission from the competent authority, and leased a stable of 662.5 square meters on the surface of the land in Incheon Gyeyang-gu, Incheon for the purpose of profit-making, such as obtaining lease profits, without permission from the competent authority, and without permission, changed the use of a stable of 662.5 square meters on the surface of the land to a warehouse for storing goods, and leased a stable of 1.5 million won per month.

Summary of Evidence

1. Defendant's legal statement;

1. Request for accusation of an illegal act in a development restriction zone, statement of business trip, direction for restoration of illegal matters in a development restriction zone (B) to the original state, direction for correction of illegal matters in a development restriction zone (B) and application of Acts and subordinate statutes to urge correction of illegal matters in a development restriction zone (B);

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Criminal Facts and Punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the confession that all criminal acts are committed, the accused has no record of crime other than the previous conviction sentenced twice by a fine, and there are no previous criminal records of the same kind);