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(영문) 의정부지방법원 고양지원 2016.11.30 2016고정958

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendants shall be punished by a fine of KRW 1,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant

B is a person who is affiliated with civil engineering business, and the defendant A is an owner of 3,036 square meters in Gyeyang-gu, Gyeyang-gu, Seoul, in a development restriction zone.

No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. except for acts, with permission from the competent administrative agency, only in cases where such acts are restricted by Acts and subordinate statutes.

1. Around March 10, 2016, Defendant B, without permission from the competent administrative agency, changed the form and quality of the land by raising approximately approximately 140 cm of the land owned by Defendant B without permission.

2. Defendant A violated the above provisions in relation to his duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to corrective accusations (including documentary evidence 2 through 8 attached thereto) against illegal acts (including development-restricted areas);

1. Criminal Act applicable to Defendant B: Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, proviso to Article 12 (1), Defendant A who selects a fine: Article 33 and Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, and the proviso to Article 12 (1);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.