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(영문) 서울중앙지방법원 2016.06.29 2016고정131
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who resides in Gangnam-gu Seoul Metropolitan Government C within the development restriction zone.

No zone subject to development restriction shall be allowed to construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, or implement an urban/Gun planning project under Article 2 subparagraph 11 of the National Land Planning and Utilization Act without permission from the head of the competent Si/Gun/Gu.

Nevertheless, the Defendant issued a corrective order to reinstate the original state from August 31, 2015 to September 25, 2015, to the head of Gangnam-gu, which was issued a corrective order from around 2010 to around September 25, 2015, to temporarily install a temporary building inside the greenhouse located in Gangnam-gu Seoul, which is a development restriction zone, and use it as a residence without obtaining permission from the competent administrative agency, and to use it as a residence, and the Defendant did not comply with the order within the above period.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and E;

1. A written accusation;

1. Location map, current status photograph, etc.;

1. Official text of the corrective order;

1. Application of the current status photograph, photograph, and current status photograph Acts and subordinate statutes;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 30 Subparag. 1 of the Act on Special Measures for Criminal Facts, and Selection of Fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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