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The sentence of sentence against the defendant shall be suspended.
Reasons
Punishment of the crime
From January 1, 2015 to June 10, 2016, the Defendant was in charge of the C Management Office affiliated with the Seoul Olympic Sports Promotion Foundation, which manages structures, etc. installed in the Gyeongnam-si, which is a development restriction zone, on October 19, 2006, and the 59.4 square meters away from the Hanam-si, the development restriction zone, and E without the permission of the competent authority, the Defendant did not comply with the order of correction even though he was issued a corrective order against the said structures on the ground of the violation of the Act on the Special Measures for the Determination and Management of Development Restriction Zones and lost from the relevant administrative litigation until July 19, 2017.
Summary of Evidence
1. Partial statement of the defendant;
1. On-site photographs, certificates of land use, and photographs of unauthorized facilities;
1. A written investigation of offenses, photographs, and documents for corrective order;
1. In an investigation report (Confirmation of a lawsuit seeking revocation of a corrective order) [the defendant and defense counsel filed an application for revocation of the corrective order (the Suwon District Court 2016Guhap 64259) with the Seoul Olympic Winter Games Promotion Foundation (hereinafter referred to as the "Corporation"), together with a lawsuit seeking revocation of the corrective order (the Suwon District Court 2016Guhap 64259). On June 10, 2016, the corrective order was accepted as being suspended until the time the lawsuit was revoked. The above revocation lawsuit was declared against the Corporation on July 18, 2017 and became final and conclusive August 9, 2017, and the defendant asserted that there is no possibility for the defendant to expect the implementation of the corrective order intentionally or intentionally. However, according to the aforementioned evidence duly adopted and investigated by the court, the defendant and the Corporation had been considered to have been subject to the above corrective order and had been executed for more than one year prior to the execution of the lawsuit or for more than one year after the execution of the lawsuit.