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(영문) 수원지방법원 성남지원 2015.11.10 2015고단1654
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won shall be one day.

Reasons

Punishment of the crime

1. Any person shall obtain permission from the competent authority to construct a building, change the purpose of use, form and quality of land, establish a structure, etc. in a development restriction zone;

Nevertheless, the Defendant, as the owner of a building on the ground of C, D, E, F, G, H, I, and J, a development restriction zone, without the permission of the competent authority:

A. A. On May 2014, a container was installed in the said G-G forest area of 18 square meters, and used as a warehouse;

B. On February 2, 2015, around 15, 2015, 15 tons of 15 tons of trucks filled up the soil of 15 tons of the said F, and installed a wooden table, table table, 3.6㎡ of size, wooden table table, 6.75 square meters of size, and stone table table of size of 2.5 square meters of size, respectively, and installed concrete pipe of size of 2.512 square meters of size.

2. The head of a Si/Gun/Gu may order a person who constructs an unauthorized building, alters the purpose of use, changes the form and quality of land, or constructs a structure within a development restriction zone to suspend construction, or to remove, close, rebuild or relocate a building, structure, etc. within a reasonable period, or to take other necessary measures, and the person in receipt of such corrective order shall comply therewith

Nevertheless, the Defendant did not comply with the corrective order, even though it was ordered on March 19, 2015 to reinstate the same violation as described in paragraph (1) from the subordinate market until April 20, 2015.

Summary of Evidence

1. Defendant's legal statement;

2. Application of Acts and subordinate statutes to accusation, each corrective order, and each written investigation of illegal acts;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 32 (1), Article 12 (1), Article 32 subparagraph 2, and Article 30 (1) of the same Act concerning facts constituting an offense; Selection of fines;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

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