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(영문) 수원지방법원 안양지원 2016.11.22 2016고정737

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant leased and used the land B from August 201, 201 to the present.

No person shall construct a building or alter the purpose of use in a development restriction zone without obtaining permission from the competent Mayor.

Nevertheless, the Defendant, around May 2015, constructed a nivers (1,890 square meters) made of steel pipes and vinyls (1,890 square meters) in order to use the said land as a vinyl for a fishing place, and used the assembly panel building (60 square meters) constructed for a manager as a restaurant by changing the use of it to a restaurant, and around March 11, 2016 and the same year.

4. Around 15.15. Non-compliance with each corrective order against the above violation.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs and current status photographs;

1. The application of Acts and subordinate statutes to corrective orders for illegal acts in development restriction zones and to corrective orders for illegal acts in development restriction zones;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning facts constituting the relevant offense, the proviso to Article 12 (1) (unauthorized construction and alteration of use), subparagraph 2 of Article 32 and Article 30 (1) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development, and the selection of fines;

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