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(영문) 의정부지방법원 2016.07.14 2016고정1114
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Within a development-restricted zone, any act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, dividing land, piling up goods, etc. shall not be conducted for profit without obtaining permission from the competent authorities.

Nevertheless, on August 2015, the Defendant, without obtaining permission from the Namyang-si market, used two-storys with a steel structure equivalent to 36.45 square meters for the purpose of storing cleaning goods sold by the Defendant in the land in Nam-si, Nam-si, which is located within the development restriction zone for the purpose of profit-making, as well as two-storys with a structure of steel structure, one container with a size of 12 square meters and one container with a size of 18 square meters. On September 2015, the Defendant changed the form and quality of the land by removing concrete into 70 square meters among the land above the Defendant’s land. On October 2015, the Defendant used two animal and plant-related facilities with a structure of general steel structure equivalent to 270 square meters on the land above and 229.5 square meters for the purpose of a warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and accusation protocol against C by the police;

1. Current status photographs;

1. Application of Acts and subordinate statutes to general building ledgers;

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts; Selection of fines;

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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