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(영문) 인천지방법원 2017.06.08 2017고정695
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

No person shall construct buildings, change the purpose of use, install structures, change the form and quality of land, etc. in a zone subject to development restriction, and obtain permission from the head of a Si/Gun/Gu for partial construction, etc., and the head of a Si/Gun/Gu may issue a corrective order to an offender who has committed an act, such as construction of buildings, change of the purpose of use, installation of structures, change of land form and quality,

1. The Defendant constructed a vinyl house 2 Dong (100 square meters, 30 square meters) in a zone subject to the restriction on development of B located in Nam-gu Incheon Metropolitan City in around 2009 without the permission of the competent authority, and did not comply with the said order even though he/she received a corrective order, such as restoration from the head of Nam-gu Incheon Metropolitan City around June 14, 2016 to July 14, 2016.

2. On July 19, 2016, the Defendant failed to comply with the above order even though he/she was issued a corrective order, such as restoration to the original state, from the head of South-dong Office until August 10, 2016, in the above development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared in C;

1. Application of Acts and subordinate statutes to inform illegal acts in each development-restricted zone, an accusation, and a corrective action within each development-restricted zone;

1. Article 32 subparagraph 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Articles 30 (1) 1 and 30 (1) 1 of the Act on Special Measures for the Designation of Areas subject to Restrictions on the Selection of Punishment

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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