개발제한구역의지정및관리에관한특별조치법위반
Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Punishment of the crime
The Defendant, on March 22, 2016, obtained a building permit for two Dongs, which are animal and plant-related facilities, such as a total floor area of 495.6 square meters, general steel structure, etc. on the land of Guri-si, Guri-si and D, which is a zone subject to development restriction owned by father B, and obtained approval for the use of the above building on July 28, 2016.
No act, etc. of constructing buildings, changing the purpose of use, installing structures, changing the form and quality of land, felling bamboo and trees, dividing land, piling-up goods, etc. shall be performed in a zone subject to development restriction.
Provided, That where constructing buildings or installing structures prescribed by Presidential Decree and changing the form and quality of land is conducted for the residential, living convenience and livelihood of residents of a development-restricted zone, permission from the head of a Si/Gun/Gu shall be obtained.
On December 2, 2016, the Defendant, without obtaining permission from the competent authorities, changed the use of two Dongs (a total of 495.6 square meters) constructed as a warehouse in the Gui-si, Si, and Dong-si, which is a zone subject to the development restriction for the Police Officers, into a warehouse, and constructed a building by expanding the greenhouse exterior wall into a general steel-frame structure using a light panel, and changing the form and quality of the land by packing concrete in the area of 590 square meters on the C, E, and D land.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by prosecution officials with respect to F;
1. A written investigation of each violation;
1. Investigation report (verification twice a building permit for animal and plant facilities), investigation report (Attachment to a certificate of land use plan);
1. The land register, building register, business plan, etc.;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Specific Measures for Criminal Facts, the proviso to Article 12 (1) of the same Act, and the selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment.