If the defendant fails to pay the above fine, 50,000 won shall be one day.

On July 2012, the Defendant installed a valley on the floor of Gangseo-gu Seoul Metropolitan Government, a Class 2 general residential area, to carry on the water-based business, and cut the land and cut three Gu ices (1m in depth per unit, 1.5m in width) and installed a partition for the purpose of water classification on that part.

As a result, the Defendant installed a facility, such as a party, in violation of the restriction on the use, type, size, etc. of the facility in the specific use area.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination of the defendant's suspect;

1. A written accusation by the head of Gangseo-gu;

1. A written statement of E;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on submission of suspect data);

1. Article 141 subparagraph 4 of Article 141 and Article 76 (1) of the National Land Planning and Utilization Act concerning facts constituting an offense;

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

1. Judgment on the assertion by a defense counsel under Article 334(1) of the Criminal Procedure Act

A. The restriction on construction within a specific use area under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) is the object of “building” or “other facilities.” It is clear that the boundary and partitions of the instant building installed by the Defendant are not the buildings installed by the Defendant. Since the concept of “other facilities” under the National Land Planning and Utilization Act is ambiguous without a definition provision, it is in itself null and void in violation of the principle of clarity. ② The prosecutor asserts that the Defendant’s facilities fall under the category of “high water” under the Enforcement Decree of the Building Act [Attachment 1] [Attachment 22] of the Enforcement Decree of the Building Act (Article 3-4] (the Enforcement Decree of the Building Act). However, the Defendant’s business can be constructed as the “collection and sale business of recycled goods” rather than the second general use area.