Defendant

A shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Punishment of the crime

No zone subject to development restriction shall construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, or store articles without permission from the competent authority.

1. Defendant A operated a second floor with the trade name of “C” and opened a second floor building and one steel container, with a steel pipe installed, aground, etc., and installed a second floor building and one steel container with a pipe and one steel container, aground, etc. from around March 2016 to June 2016, on the land in Gyeyang-gu, Gyeyang-gu, the development restriction zone, and approximately 900 square meters among the land in the same Gu E and the land in the same Gu E, without obtaining the aforementioned permission.

As a result, the defendant installed a structure within the development restriction zone without obtaining permission from the competent authorities for the purpose of profit-making.

2. Defendant B: (a) around March 2016, from around June 2016 to around June 2016, the Defendant laid down approximately 10 heavy wheelchairs and wheelchairs parts on the land in Soyang-gu, Soyang-gu and the land in the same Gu E; and (b) without obtaining the aforementioned permission.

Accordingly, the Defendant stored goods in the development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes governing accusation and correction of accusation;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 31(2)1 of the Act on Special Measures for the Designation and Management of Development Restriction Zones, the proviso to Article 12(1), and the selection of fines

B. Defendant B: Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Development Restriction Zones, proviso to Article 12(1) of the Act on Special Measures for the Designation and Management of Development Restriction Zones, and Selection of Fines

1. Penalty defendant B to be suspended: Fine of 1,000,000 won;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. The suspended sentence (Defendant B) Article 59(1) of the Criminal Act (the degree of the violation, the completion of restoration to the original state, and other age, sex, health, etc. of the defendant.