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A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person who intends to 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 within a zone subject to development restriction shall obtain permission from the competent authority;
Nevertheless, in Hanam-si, the development restriction zone for the Defendant’s factory building in early September 2016, in order to use it as a factory building operated by the Defendant, the Defendant, without obtaining permission from the competent authorities, extended the total of 899.65 square meters of a room with concrete cover, extended the total of 89.65 square meters by 2m higher, replaced xex to a board, replaced xex to a board, extended the 109.75 square meters between the greenhouse and the multi-dong, and added concrete to the 770 square meters around the greenhouse.
As a result, the Defendant changed the form and quality of land in the development restriction zone without obtaining permission from the competent authorities for profit-making purposes.
2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;
Nevertheless, even if the Defendant received a corrective order to reinstate the original state by December 8, 2016 with respect to the act of changing the form and quality as stated in paragraph (1) around November 11, 2016, the Defendant failed to comply with the corrective order.
Summary of Evidence
1. Statement by the defendant in court;
1. A statement of investigation into and accusation against violations;
1. Corrective order;
1. Land register, land use plan confirmation certificate, and building register;
1. Application of Acts and subordinate statutes governing status photographs;
1. Relevant Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, and Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, the proviso to Article 12(1) (referring to changes in the form and quality without permission for the purpose of the Decree), Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, and Article 30(1) of the Act on Special Measures for the Designation and
1. Concurrent Crimes.