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(영문) 인천지방법원 2017.12.08 2017고정2129
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the Gyeyang-gu Incheon Metropolitan City’s ground building C, which is a development restriction zone, and even though he/she is unable to change the use of the building in the development restriction zone, he/she did not implement a corrective order until June 16, 2017, even though he/she was issued by the head of Gyeyang-gu Incheon Metropolitan City, on April 16, 2012, when he/she leased the building (15.24 square meters), which is a general restaurant operator, for five years, to use it for retail stores, and was issued a corrective order to voluntarily improve the building by June 16, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. A written accusation and a written statement;

1. (C) an instruction for correction of illegal acts in a development restriction zone, and a request for correction of illegal acts in a development restriction zone (C) an application of statutes;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development; Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development (the point of non-compliance with time orders); and selection of each fine;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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