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(영문) 의정부지방법원 2015.01.22 2014고정2365
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, etc. in a development restriction zone without permission from the competent authority.

Nevertheless, around October 23, 2013, B newly constructed one building with a general steel-frame structure equivalent to 248.75 square meters in Nam-si, Namyang-si, which is a development restriction zone, as an animal and plant-related facility, and on December 5, 2013, B leased the said building to the Defendant for general warehouse purposes without permission from the competent authority. The Defendant used the said building for general warehouse purposes without permission from the competent authority on January 23, 2014.

Accordingly, the defendant, in collusion with B, changed the use of the building in the development restriction zone without permission of the competent administrative agency.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation, a statement, and an investigation report on offenses;

1. Application of Acts and subordinate statutes governing status photographs;

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development of Relevant Acts concerning facts constituting an offense;

1. Articles 70 (1) 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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