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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
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 30, 2016, the Defendant operated a sales company of building materials with the trade name “D” in the Hanam-si, Gyeonggi-do, where the development restriction zone was located, and without obtaining permission from the competent administrative agency, changed the use of a steel-frame structure with a size of 270 square meters and a 720 square meters wide-scale steel-frame structure for the purpose of a fraternity company for the purpose of a warehouse for the purpose of a warehouse. The Defendant changed the use of a steel pipe building with a size of 720 square meters for the purpose of a warehouse for the purpose of a warehouse, reduced a steel pipe building with a size of 44 square meters for the purpose of a warehouse
Accordingly, the defendant, in the development restriction zone for profit-making purposes, he stored the goods of the land without obtaining permission from the competent authorities, installed the structures, and constructed the structures.
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 July 7, 2016, the Defendant issued a corrective order to reinstate the original state by August 5, 2016 with respect to the act of change of the purpose of use, etc. as described in paragraph (1) from the subordinate market, but did not comply with the corrective order.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. A written investigation and corrective order of violation;
1. Application of statutes on site photographs;
1. Article 31(2)1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Criminal Facts, Article 31(2)1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, the proviso to Article 12(1) (the point of unauthorized construction or change of use, etc.) and Article 32 subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to