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(영문) 수원지방법원 안산지원 2018.05.24 2018고정230
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, in collusion with F, a soil reclamation business entity, was not permitted by the competent authority, and changed the form and quality of land by raising one meter of soil on each of the above lands on October 2015, without obtaining permission from the competent authority, as the owner of the land of 1,984 square meters, D land 2,314 square meters, and E land located within the development restriction zone. In short, the Defendant, within the development restriction zone, was unable to construct buildings, change the purpose of use of buildings, install structures, change the form and quality of land, cut bamboo and trees, divide land, or perform urban planning projects without obtaining permission from the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (to hear F Telephone statements);

1. Application of Acts and subordinate statutes on site photographs;

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 Punishment and Article 32 Subparag. 1 and Article 12 Subparag. 1 of the same Act concerning facts constituting an offense, Article 30 of the same Act, and selection of fines;

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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