개발제한구역의지정및관리에관한특별조치법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal (misunderstanding of the facts and the legal principles) although the prosecutor filed an application for changes in the indictment within the same scope as the original facts charged, the court below rejected this application for changes in the indictment and thereby acquitted the Defendant on the grounds that it is not recognized as identical to the facts charged, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles as to the identity of the facts charged,
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
In the first instance of the trial, the prosecutor filed an application for changes in indictment with respect to the facts charged as follows, and since the court permitted the changes in the subject of the trial, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, after pleading, on the grounds of the above ex officio reversal.
[Re-use reasons for the judgment] An act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, etc. is prohibited without obtaining permission from the head of the competent Gu.
Nevertheless, on August 2014, the Defendant, without obtaining permission from the head of Gangseo-gu Busan Metropolitan Government, had G who entered into a lease contract with the Defendant on the surface of approximately 13.44mm2 in Gangseo-gu Busan Gangseo-gu, Busan Metropolitan City, which is a development restriction zone, establish the board steering office.
Summary of Evidence
1. The court below's oral statement by witness G
1. A written accusation;
1. On July 6, 2014, the Defendant and his defense counsel leased the Gangseo-gu Busan Metropolitan Government K land (hereinafter referred to as “K land”) to G on the ground or had G establish an office on the ground. The Defendant leased the Gangseo-gu Busan Metropolitan City land (hereinafter referred to as “C land”).