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(영문) 수원지방법원 성남지원 2015.12.18 2015고단2147
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From around 2000, the Defendant is a person who operates a general restaurant with the trade name “C” in Gwangju City B.

Any person who intends to construct a building or alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods, etc. in a development restriction zone shall obtain permission from the competent authority.

1. Around June 2014, the Defendant, without obtaining permission from the competent authority, built buildings in the development-restricted area, such as installing two iron bars of a size of 248 square meters in Gwangju-si D and E, a development-restricted area, and using them as outdoor business places.

2. Around July 2014, the Defendant changed the form and quality of land within a development-restricted zone by installing a 190 square meter size in Gwangju City F, which is a development-restricted zone, without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each investigation report (report attached to a report, such as a prior notice of restoration to the original state for restaurants around the Namsansansansansansanseongsung, subsequent notice of restoration to the original state for the discovered restaurants, C

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Selection of fines in consideration of the reinstatement) concerning facts constituting an offense;

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

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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