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(영문) 의정부지방법원 고양지원 2015.06.11 2014고단2919
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, etc. in a development restriction zone shall obtain permission from the competent authority, and any person who intends to divert farmland shall obtain permission to divert farmland.

Nevertheless, the Defendant, without obtaining the above permission on March 6, 2013, installed two containers of a size of 36 square meters in total in the area of the land in Goyang-si, which is farmland located in the development restriction zone, and used it as a house, etc.

As a result, the Defendant changed the form and quality of land within development restriction zones without permission from the competent authorities and diverted farmland.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Response to questioning and the application of land cadastre statutes;

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 constituting the crime; Articles 57 (2) and 34 (1) of the Farmland Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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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