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(영문) 의정부지방법원 2018.04.04 2018고정392
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The head of a Si/Gun/Gu may issue a corrective order where a building is constructed, altered the purpose of use of land, changes the form and quality of land, etc. without obtaining permission, or in violation of any terms and conditions of permission,

1. On July 9, 2017, the Defendant issued an opportunity to give prior notice of disposition and to present opinions from the Yangju market, and did not comply with a corrective order issued by the Yangju market to the effect that “by August 18, 2017, an act of constructing a building without permission and changing the form and quality of the land is restored to its original state,” which was issued by the Yangju market on August 9, 2017.

2. On September 1, 2017, the Defendant did not comply with a corrective order issued by the Yangju market to the effect that “the construction of a building without permission and alteration of the form and quality of the land is ordered to restore the original state by September 8, 2017,” but did not comply with it within the period.

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Notice of disposition in advance, and order for correction of illegal acts within the development restriction zone;

1. Application of Acts and subordinate statutes for investigation report (ex-ante notice of disposition and confirmation as to whether corrective order is served);

1. Article 32 subparagraph 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes, Articles 32 and 30 (1) of the Act on Special Measures for the Designation of Areas subject to Restriction on the Development of Specific Economic Crimes,

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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