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(영문) 부산지방법원 2012.12.20 2012고정4232
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of seven million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the owner of land in the Gangseo-gu Busan Metropolitan City C development restriction zone, and shall not construct a building, change the purpose of use, install a structure, change the form and quality of land, etc. without obtaining permission from the head

1. Nevertheless, from April 1, 2008, the Defendant, without permission from the competent authority, changed the use of two buildings (327 square meters, each of which was permitted to use as a utility tunnel on the above land as a warehouse.

2. On September 201, the Defendant, without permission from the competent authority, set up a pipe pole between the walls on the ground of the building on the ground without permission, and extended a roof with a tent, and used it for the purpose of warehouse by covering it with a roof of 37.5 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusations, land use planning confirmation devices, ordinary buildings present state, memorials, field photographs, and investigation reports;

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 and Management of Areas of Restricted Development and the selection of fines for crimes;

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. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. As to the facts set forth in the judgment No. 1, the defendant and his defense counsel asserted that the defendant was punished by Busan District Court No. 2008 High Court Decision No. 57153, and that the facts of the above summary order and the facts set forth in the judgment No. 1 should be judged not to be acquitted.

2. On December 29, 2008, Busan District Court 2008 High Court 2008 High Court 2008 High Court No. 57153, Dec. 29, 2008, the criminal facts of which are the previous summary order cannot obtain a building permit for factory use within the development restriction zone in collusion with D and E, but it is a common use facility for

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