Defendant

B shall be punished by a fine of KRW 1,000,000.

Defendant

B If the fine is not paid, 100,000 won.

Punishment of the crime

- Defendant B may not construct buildings, change their use purposes, install structures, change the form and quality of land in development restriction zones without permission from the competent authorities.

Nevertheless, on April 2013, the Defendant, as a lessee of a portion of D parcel in Nam-si, Namyang-si, which is a development-restricted zone A, installed concrete on the size of 140 square meters among the parts A owned by the said parcel and changed its form and quality.

Summary of Evidence

- Defendant B

1. Defendant's legal statement;

1. A written investigation of violation;

1. Application of the Act on Field Screening - Defendant B

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (Selection of Fines) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

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

1. The part not guilty under Article 334(1) of the Criminal Procedure Act - Defendant A

1. No person prosecuted shall construct a building, alter its use, install a structure, change the form and quality of land in a development restriction zone without permission from the competent authority;

Nevertheless, the Defendant, as part of the D parcel in Namyang-si, which is a development restriction zone, was in collusion with B, who is a lessee, and instead, installed concrete on April 2013 without obtaining permission of the Namyang-si market and changed its form and quality.

2. According to the evidence duly adopted and examined, the defendant confirmed that concrete building was conducted after the fact that he/she requested restoration to A, and there is no evidence to prove that he/she participated in the change of the form and quality.

If so, this part of the facts charged constitutes a case where there is no proof of crime, and thus, it is not guilty under the latter part of Article 325