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(영문) 서울동부지방법원 2016.09.20 2016고정1252
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

No act, etc. of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, dividing land, piling-up goods, etc. shall be performed in a zone subject to development restriction.

Nevertheless, on January 2010, the Defendant installed a plastic house of 40 square meters equipped with offices and sports facilities without permission from the competent authorities in the land owned by the Korea Rural Community Corporation located in Gangdong-gu Seoul, Gangdong-gu, Seoul.

Accordingly, the defendant set up a structure without permission from the competent authorities in the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation, a written statement of the details of accusation, on-site guidance, or a vinyl house;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense;

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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