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(영문) 서울북부지방법원 2020.05.08 2020고정443

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

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods or perform an urban or Gun planning project without permission from the competent authority in a development-restricted zone, and perform such act where he/she is ordered to correct due to the relevant act.

1. On April 2019, the Defendant, who installed an unauthorized temporary building, installed a temporary building of a size of 102 square meters in Nowon-gu in Seoul Special Metropolitan City, without obtaining permission from the competent authority, and operated a restaurant of “C”.

2. The defendant who failed to comply with the corrective order on June 5, 2019 and the same year.

7.8. The act as described in paragraph 1 was ordered by the head of Nowon-gu to restore to its original state but did not comply with it.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports and investigation reports (the issuance of them officially, such as cadastral record);

1. Investigation reports (Notification of Offenders of Development Restriction Zones Act), investigation reports (whether an order to restore to the original state is complied with);

1. Order for the first correction of illegal acts in a development-restricted zone, and status of the first registration delivery and delivery;

1. Order for the second correction of illegal acts in a development restriction zone, and status of the second registration delivery and delivery;

1. A location map and a photo of the control site;

1. Application of a copy of business registration certificate;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (Unauthorized Installation) concerning facts constituting the crime, Articles 32 Subparag. 2 and 30 (1) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Selection of Fines for Punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant established a temporary building on the land within a development restriction zone and operated the restaurant without permission.