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(영문) 부산지방법원 2019.08.14 2019고정779
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land within a development restriction zone without permission;

Nevertheless, around November 2016, the Defendant operated a restaurant with the trade name “C” on three lots, such as Geum-gu, Busan, which is a development-restricted zone B, and changed the form and quality of land in a way of packaging concrete on the part of 67.75 square meters of the above land without obtaining permission from the competent authority.

2. The head of a Si/Gun/Gu who fails to comply with a corrective order may issue a corrective order where he/she finds any act constituting the construction of a building, alteration of the use of a building, installation of a structure, alteration of form and quality of land, etc. without obtaining permission in a development restriction zone, and

Nevertheless, in relation to the above Paragraph 1, the Defendant did not implement an order within a fixed period of time, even though he/she received an order to restore the same to the original state within 30 days through the letter of "reorder to correct the illegal act within a development-restricted zone" from August 24, 2018 from the head of the Busan Metropolitan Government Geum-gu, which was issued by the Defendant on September 28, 2018, the letter of "request to correct the illegal act within a development-restricted zone" on September 28, 2018, and on October 24, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of Acts and subordinate statutes concerning investigation reports (related to attachment, such as instructions and answers for corrective measures);

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts of the crime, subparagraph 2 of Article 32 and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development, and Selection of fines;

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

1. The Criminal Act for the detention of a workhouse;

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