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(영문) 수원지방법원 성남지원 2017.08.17 2017고정773
개발제한구역의지정및관리에관한특별조치법위반등
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

1. Violation of Acts of special measures concerning the designation and management of the area subject to development restriction;

(a) No change in the form and quality of land shall be made in a zone subject to development restriction without obtaining permission from the head of a Si/Gun/Gu;

Nevertheless, on November 2016, the Defendant changed the form and quality of land by raising approximately KRW 1 to 1.5 meters of earth and sand among the land in Gwangju-si, Gwangju-si, and D, which is a development restriction zone without obtaining permission for development activities in Jung-gu.

(b) Any actor who has received a corrective order from the competent authority by changing the form and quality of land, etc. without obtaining permission for development activities shall comply with such corrective order;

Nevertheless, on December 12, 2016, the Defendant did not comply with the above order without justifiable grounds, even though the Defendant received a corrective order to reinstate the same violation as described in paragraph 1(a) from the head of the North Korean Industrial Complex, by December 22, 2016.

2. Violation of the River Act;

(a) A person who intends to change the form and quality of land, such as filling up land in a river area shall obtain permission from the river management agency;

Nevertheless, on November 2016, the Defendant changed the form and quality of land by raising the land of Gwangju City, a river area, without obtaining permission from the River Management Office.

(b) Any person who has received a corrective order by changing the form and quality of land, etc. without obtaining permission from the river management agency shall implement the said corrective order;

Nevertheless, on December 12, 2016, the Defendant did not comply with the above order without justifiable grounds, even though the Defendant received a corrective order to reinstate the same violation as the description 2-Ga from the face of the North Korean Industrial Complex by December 22, 2016, from the face of the Republic of Korea to restore the original violation as described in subparagraph 2-Ga.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written accusation;

1. Application of Acts and subordinate statutes that indicate original restoration order, investigation documents of illegal acts and drawings of illegal acts;

1. Designation and management of a restricted area for the development of relevant legal provisions concerning facts constituting an offense;

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