Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 5,000,000.

Defendants each of the above.

Criminal facts

Defendant

B is the manager of G-owned H land, who is the owner of the land D, E, and F, and the manager of G-owned land within the development restriction zone, and the Defendant A leased the aforementioned D land and H land from Defendant B in April 2012 to KRW 30 million and KRW 5 million monthly and KRW 5 million. As the above H land was transferred to another person, around October 2012, he is the person who obtained temporary permission from the Defendant for use of the above E and F land.

Defendant

A around May 2012, without permission from the competent authority, newly constructed a plastic house equivalent to approximately 240 square meters for the use of the said D’s land and H’s land, and changed the form and quality of land by spreading gravel equivalent to approximately 723.8 square meters of the said H’s land, E’s land, and F’s land in September 2012, and around that time, newly constructed a plastic house of approximately 4.42 square meters of the light panel structure for the use of the said land as a toilet for the purpose of the toilet, around October 2012, around 135 square meters for the purpose of the business site. Defendant B knowingly leased or used the said land to Defendant A.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to a charge and an investigation report on offenses;

1. Defendants: Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, the proviso of Article 12(1), Article 30 of the Criminal Act, and the selection of fines for negligence

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

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