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(영문) 부산지방법원 2018.09.18 2018고정1341
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. In principle, changes in the use of a building shall be prohibited in a zone where the use is restricted without permission;

Provided, That a person who intends to change the purpose of use of a building pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones may do such act with permission from the competent authority.

The Defendant, without obtaining permission from the competent authority from December 2, 2017 to March 6, 2018, changed the use of the plastic houses for the second class neighborhood living facilities (offices) in the second class neighborhood living facilities by using the sales panel and steel pipe section in Busan Geum-gu, which is a development restriction zone, from around 2017 to around 50 square meters.

2. On December 14, 2017, the Defendant, who failed to comply with a corrective order, issued by the head of the Si/Gun/Gu having jurisdiction over the head of the Si/Gun/Gu having jurisdiction over the head of the Si/Gun/Gu having jurisdiction over the head of the Si/Gun/Gu having jurisdiction over the head of the Si/Gun/Gu having jurisdiction over the head of the Si/Gun/Gu having jurisdiction over the head of the Si/Gun/Gu having jurisdiction over the head of Si/Gun/Gu

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written accusation;

1. Location map and on-site photographs;

1. Application of the official text of corrective instructions following illegal acts in the development restriction zone and the official text of requests for corrective measures following illegal acts in the development restriction zone;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development; Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development; Selection of fines;

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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