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(영문) 수원지방법원 성남지원 2014.05.14 2014고정594
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

No one shall 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 goods, etc. in a development restriction zone without permission from the competent authority, and a person who has been ordered to correct an illegal act within a development restriction zone by the competent authority shall perform it.

1. From around 2004 to June 10, 2013, the Defendant changed the form and quality of the land without permission from the competent authority, without obtaining permission from the competent authority, at the Hanam-si, the land category of which falls under C 450 square meters, and at the same time using the water as a field yard by piling water.

2. On March 19, 2013, the Defendant failed to comply with a corrective order issued by the lower court, even though the Defendant received from the lower court a corrective order to reinstate an unauthorized change in the form and quality as described in paragraph 1(a) from the lower court to the lower court on April 20, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. A written investigation of violation;

1. Land cadastre;

1. Confirmation of land use plan;

1. A certified copy of cadastral map;

1. Application of statutes to a written corrective order;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 12 (1) (proviso) 7 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Articles 32 Subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development; and Selection of fines;

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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