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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
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, store goods, etc. in a zone subject to development restriction without permission, and shall perform any act to the relevant offender (including the owner, manager, or occupant of a building, structure, or land used for a violation).
Where an order is issued by the competent authority to remove, close, rebuild or relocate buildings, structures, etc. or to take other necessary measures, the relevant corrective order shall be implemented.
The defendant is the owner of land and building located in B in the south-si, the development restriction zone.
1. The Defendant engaged in development activities without obtaining permission from around August 2015. The Defendant replaced the window of a wall of a building for the purpose of using the greenhouse room in the above B with a board, extended the office and warehouse equivalent to 136 square meters using a steel frame and a joint plate, replaced the form and quality by building concrete on a size equivalent to 400 square meters outside the building, and changed the use of the above greenhouse building (200.61 square meters) for storage purposes.
2. Non-compliance with corrective orders;
A. On July 13, 2016, the Defendant failed to comply with a corrective order, without justifiable grounds, to reinstate the said land and buildings from the lower-Nam market by August 1, 2016, even though it received a corrective order to restore the said land and buildings to their original state.
B. On April 25, 2017, the Defendant did not comply with a corrective order, without justifiable grounds, to reinstate the said land and buildings from the lower south market by May 8, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement of public official C;
1. A written investigation of offenses, summary ground plan, each corrective order, and a certificate of service by mail;
1. A land register, certified copy of cadastral records, confirmation of a land use plan, general building ledger, and current status map of buildings;
1. Application of Acts and subordinate statutes governing status photographs;
1. Article 32 of the Act on Special Measures concerning the designation and management of areas where the choice of punishment and the selective development of criminal facts are restricted.