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(영문) 수원지방법원 성남지원 2016.04.27 2016고정272
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

The defendant is the owner of land B and buildings on the ground in the south-si where the development restriction zone is the development restriction zone.

1. Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, store articles, etc. in a zone subject to development restriction, such as unauthorized change in the form and quality of land within a development restriction zone, shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority on July 2015, laid down concrete and gravel of a size of 1,614 square meters on the B floor above, changed the form and quality of the land by placing it on the B floor, replaced the wall of a greenhouse of a size of 691.2 square meters above the ground into the board structure, expanded the height of the wall to two meters, and changed the use to the warehouse.

2. The head of a Si/Gun/Gu who fails to comply with a corrective order may take necessary measures, such as removal of buildings, where any unauthorized construction, alteration to form and quality, etc. is discovered without permission from the competent administrative agency, and the person in receipt of such corrective order shall comply therewith.

Nevertheless, even though the Defendant received a corrective order to reinstate the same unlawful act as stated in paragraph (1) of the crime from the subordinate market around August 19, 2015, by September 20, 2015, the Defendant did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of C’s written statements, petition 1, written confirmation of land use plan, corrective order, investigation documents of offenses, and current status photograph statutes;

1. Subparagraph 1 of Article 32 of the Act on Designation and Management of Areas subject to Restriction on Development of Relevant Articles 32 and 12 (1) (the occupation of form and quality and alteration of the purpose of use within the development restriction zone), subparagraph 2 of Article 32 of the Act on Designation and Management of Areas subject to Restriction on Development, Article 30 (1) of the Act on Designation and Management of Areas subject to Restriction on Development, and selection of fines;

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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