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(영문) 서울남부지방법원 2017.05.24 2017고정810
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a gas station under the trade name of "C" in Gangseo-gu Seoul Metropolitan Government.

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

Nevertheless, on January 2015, the Defendant changed the form and quality of the land as a parking lot by putting soil on the land of 530 square meters located in Gangseo-gu Seoul Metropolitan Government D without obtaining permission from the competent administrative agency, and changed the use of the land to the office and the waiting room by installing the temporary structure of the sand site of 18 square meters inside the building (146.7 square meters) permitted to store agricultural products on the land located in E around November 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation reports (joint issuance, such as cadastral records), and investigation reports;

1. Application of Acts and subordinate statutes to photographs of the control site;

1. Article 32 subparag. 1 and Article 12 subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development under the relevant provisions of the Act on Criminal Facts;

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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