A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

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

Nevertheless, on May 2016, the Defendant changed the form and quality of a concrete package in the area of 882 square meters, without obtaining permission from the competent administrative agency, in order to obtain rental profit by changing the use of a greenhouse to a warehouse in the area of Hanam-si (former), which is a development restriction zone in light of around 2016, and reduced two parts of a greenhouse of 560.35 square meters in total in the area of the board.

As a result, the Defendant changed the form and quality of land and extended the building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on August 18, 2016, the Defendant issued a corrective order to reinstate an original form and quality change, etc. as described in paragraph (1) from the subordinate market until August 25, 2016, but failed to comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written investigation of violations and on-site photographs;

1. Corrective order and delivery status;

1. Application of Acts and subordinate statutes to land registers, land use planning confirmations, and general building registers;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Criminal Facts and Article 31(2)1 of the same Act, the proviso to Article 12(1) (unauthorized changes in the form and quality of land; imprisonment selection); Article 32 Subparag. 2 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on Development, and Article 30(1)1 and the proviso to Article 12(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the non-compliance of time orders and the choice of imprisonment).