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(영문) 울산지방법원 2014.04.07 2014고정224
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, etc. shall be performed within a development-restricted area without obtaining permission from the competent authorities.

The Defendant, without obtaining permission from the head of Ulsan Metropolitan City, a competent authority, constructed one unit of a warehouse of 2364 square meters located in Ulsan-gun, Ulsan-gun, Ulsan-gun, a development-restricted area, and one unit of a warehouse of 18 square meters in size in a 2008, and one unit of a container structure of 18 square meters in a 200 square meters, one unit of a residential building of 20 square meters in a light steel frame structure and one unit of a warehouse of 151 square meters in a light steel structure of 20 square meters in a 2010, around February 2013, and one unit of a warehouse of 12 square meters in a general steel structure of 212 square meters in a general steel structure.

B. The Defendant did not obtain permission from the head of Ulsan Metropolitan City, the competent authority, and constructed a 476 square meter of a site located in Ulsan-gun, Ulsan-gun, the development-restricted area, on around 2010, and a stove raising house of 36 square meters of a steel pipe structure.

Accordingly, the Defendant constructed a building in a development restriction zone without obtaining permission from the head of Ulsan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D (2 times, 2 times, and 5 times);

1. E statements;

1. The location map of illegal status and the application of illegal status photograph Acts and subordinate statutes;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and the Selection of Fines concerning Facts of crime

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

1. Articles 70 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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