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(영문) 부산지방법원동부지원 2020.11.20 2020고정577
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods in a development restriction zone without obtaining permission from the competent authority, and perform any act in receipt of a corrective order issued by the competent authority due to such act.

1. On March 2020, the Defendant constructed agricultural products with steel pipes on the land located in Busan-gun, Busan-gun, which is a development restriction zone, around 36 square meters without obtaining permission from the competent authority.

2. On May 4, 2020, the Defendant, who did not comply with the corrective order, even though he received the corrective order from the captain head to restore the original state by June 3, 2020, due to the same act as the above Paragraph (1).

Summary of Evidence

1. A written accusation, on-site photograph, etc. of the defendant;

1. Application of Acts and subordinate statutes to corrective orders against illegal acts in development restriction zones;

1. Relevant Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and the Management of Areas of Restricted Development; Articles 32 subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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