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(영문) 부산지방법원 2014.09.25 2014고단6095
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendant

B was sentenced to a fine of five million won by the Busan District Court on June 14, 2005 due to the violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development, and Defendant A is the owner of land located in Gangseo-gu Busan Metropolitan City.

1. Defendant B

A. Although a person who intends to construct a building or change the form and quality of land in a development restriction zone for an unauthorized building or a land-type change within the development restriction zone, he/she obtained permission from the head of the competent Gu, the Defendant constructed a container of size 18 square meters in size without obtaining permission from the head of Gangseo-gu in Gangseo-gu, Busan, the development restriction zone from around November 201 to March 2014, and changed the form and quality of land by installing a container of size 18 square meters in size without obtaining permission from the head of Gangseo-gu, Gangseo-gu, Busan, the development restriction zone, from around March 2013 to around March 2014.

B. On January 10, 2014, the Defendant failed to comply with the corrective order, even though he/she was ordered to restore the land to its original state from the head of Gangseo-gu to February 10, 2014, at the Defendant’s residence located in Seo-gu D apartment B 502, Busan, Seo-gu.

2. On February 5, 2014, Defendant A failed to comply with an order issued by the head of Gangseo-gu to restore the land to its original state of land form and quality from February 25, 2014 to February 25, 2014; on March 11, 2014, Defendant failed to comply with the order issued by the head of Gangseo-gu to restore the said land to its original state of land form and quality from March 31, 2014 to March 31, 2014.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement of the F;

1. Application of each statute on a written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 32 Subparag. 2 and Article 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones.

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