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(영문) 서울북부지방법원 2020.03.26 2020고정97

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

The defendant is a person who operates a restaurant in Nowon-gu in Seoul Special Metropolitan City.

No one shall construct a building, alter the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority in a development restriction zone or in violation of the details of permission granted by the competent authority.

Nevertheless, on May 2019, the Defendant constructed a temporary building (69.6 square meters) to provide food to customers in a development-restricted zone B, a for-profit purpose without obtaining the above permission.

Summary of Evidence

1. Defendant's legal statement;

1. The first corrective order of any illegal act in a development restriction zone and the second corrective order of any illegal act in a development restriction zone;

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

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 of Areas of Restricted Development and Selection of Fines concerning facts constituting a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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