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(영문) 수원지방법원 안양지원 2018.09.11 2018고정197
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. In principle, the alteration of use of a building shall be prohibited in a zone where the use of an unauthorized building is restricted.

Provided, That a person who intends to change the purpose of use of a building pursuant to the Act on Special Measures for Designation and Management of Development Restriction Zones may do such act with permission from the competent authority.

The Defendant changed the use of approximately 120 square meters for agricultural plastic houses to a general warehouse, without obtaining permission from the head of the Dong-si, the competent authority, from February 2, 2016 to April 2, 2016.

2. On November 16, 2016, the Defendant, in violation of the corrective order, failed to comply with the corrective order, even though the Defendant was ordered to restore the general warehouse listed in paragraph (1) to its original state, and (2) on December 9, 2016, issued the corrective order to restore the general warehouse to its original state.

Summary of Evidence

1. Statement made by the police with regard to C or D;

1. Investigation report (E monetary content);

1. Prior notice of disposition, prior notice of disposition (in the submission of a written opinion), official notice of disposition (in the development restriction zone), official notice of corrective order for illegal acts in the development restriction zone, and application of Acts and subordinate statutes related to corrective order for illegal acts in the development restriction zone (the second notice);

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development; Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Article 30 Subparag. 1 of the Act on Special Measures for Designation of Areas subject to Restriction on Development; Selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Provisional Payment Order [The defendant's defense counsel was unaware of whether the land of this case was a development-restricted zone;

The argument is asserted.

A crime committed by himself in Article 16 of the Criminal Code is committed according to the law.

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