Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

No building shall be constructed, etc. in a zone subject to development restriction without obtaining permission from the competent authority.

On March 2012, the Defendant constructed a warehouse with approximately 9.9 square meters of farmland storage in the Nam-gu Incheon Metropolitan City, the area subject to the restriction on development, without obtaining permission from the competent authorities.

Accordingly, the Defendant constructed an unauthorized building in the development restriction zone.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Complaints filed by the head of the Incheon Regional Headquarters of the Korea Land and Housing Corporation;

1. Investigation report (verification as to whether it is restored to the original state);

1. Application of the photographic Acts and subordinate statutes;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selective Development of Punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. Article 12 and attached Table 4 of the Enforcement Rule of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development of the Essentials of the Claims stipulate activities that can be conducted without permission or reporting.

The subparagraph 1 (j) of the above attached Table 1 provides that "the act of installing a cater for agricultural use not exceeding 10 square meters", and subparagraph 1 (q) provides that "the act of installing a temporary facility not exceeding 30 square meters may be performed without permission or report, for the purpose of cutting away rooms, farming equipment storage rooms, heating machinery rooms, cooling facilities, etc. in the greenhouse for agricultural use, etc. to maintain the new guidance for agricultural produce." Thus, the defendant's act does not constitute a crime because the permission of the competent authority is not required.

2. According to the judgment of the court below, the following facts were revealed: (a) there was a store store for a boomer for agricultural use used by the defendant in the Nam-gu Incheon Metropolitan City forest C, and the store for a 9.9mm2 among them was built by the defendant; and (b) the storage of the above 3m2 store was not installed in a plastic house.