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(영문) 인천지방법원 2014.12.05 2014고정3187
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the Incheon Southern-gu B and C, which is a development restriction zone.

1. Any person who intends to construct, etc. a building in a development restriction zone shall obtain permission from the competent authority;

Nevertheless, on March 2014, without obtaining permission from the competent authority, the Defendant constructed a housing of a size of 60 square meters on the above B’s ground, using the sand position board, and constructed a boiler room of a size of 20 square meters using the sand position board on the above C’s ground.

2. On May 7, 2014 and July 7, 2014, Incheon Yeonsu-gu, Incheon, and 105 Dong 302, the Defendant failed to comply with the receipt of the content certification from April 28, 2014 and July 3, 2014 under the name of the head of Yeonsu-gu Incheon Metropolitan City to restore and correct the same violation as described in the foregoing paragraph (1) to the original state.

Summary of Evidence

1. Defendant's legal statement;

1. The filing of an accusation, the notification of a corrective order against illegal acts in a development-restricted zone, the instruction of urging for correction of illegal acts in a development-restricted zone, field photographs, and the application of each parcel postal service

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; the proviso to Article 12 (1) (unauthorized construction) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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