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(영문) 수원지방법원 성남지원 2014.09.24 2014고단883
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. No one who occupies an unauthorized building 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 obtaining permission from the competent authority;

Nevertheless, on October 2010, the Defendant, who is a development-restricted zone, operated a printing office in Do, extended and newly constructed a building on the above land, and used it as a warehouse in the above printing office, etc., for profit-making purposes, extended the total of 5 units of building and 728.02 square meters without obtaining permission from the competent administrative agency, and newly constructed a building 114.4 square meters per one building.

2. The Defendant failed to comply with the corrective order, without justifiable grounds, even though he/she received an order to reinstate by no later than December 10, 2013, with respect to the extension and new construction as described in paragraph 1, around November 1, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written corrective order;

1. A summary ground plan, building register, and land cadastre;

1. Current status photographs of each status;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 31 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 10599, Apr. 14, 201); Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 10599, Apr. 14, 201); Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Development Restriction Zones; and Articles 30(1) of the Act on Special Measures

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

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