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(영문) 수원지방법원 성남지원 2016.03.31 2016고단58
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of the B’s land in the Hanam-si located in the development restriction zone, and is the owner of the “heat room (188.86 square meters),” which is the building.

No one shall construct a building, alter the purpose of use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store goods, or perform an urban/Gun planning project defined in subparagraph 11 of Article 2 of the National Land Planning and Utilization Act within a zone subject to development restriction without obtaining permission from the competent Mayor.

Nevertheless, on October 2015, the Defendant changed the form and quality of land by removing concretes on a warehouse approved to be used as a greenhouse in the area B B 356.3 square meters in Hanam-si, which is a development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the written accusation and accompanying documents (which include evidence records 6 through 30 pages);

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 32 of the Act on Special Measures for Criminal Facts;

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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