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(영문) 울산지방법원 2018.11.30 2018고정883
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles without permission from the head of the competent Si/Gun/Gu in a zone subject to development restriction.

1. Nevertheless, on January 2018, the Defendant, without permission from the head of Ulsan-gu Office, constructed a building and changed the use of a building without permission by installing resting facilities in a vinyl house with a size of 50 square meters or more in Ulsan-gu B, Ulsan-gu, and a vinyl house with a size of 50 square meters or more.

2. On April 2018, the Defendant, without permission from the head of Ulsan-gu, changed the form and quality without permission, by means of packing cement on part of the floor (2m x 1.2m).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written accusation;

1. Application of Acts and subordinate statutes to a investigation report (to photographs of changed form and quality);

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for Criminal Facts, and Selection of Fines

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

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

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

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