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(영문) 수원지방법원 2018.10.05 2018고정1307
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No one shall 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 in a zone subject to development restriction.

1. On October 2017, the Defendant changed the form and quality of land by putting at least one meter a total of 749 square meters of land, such as Chosung-si (former), D (Road), E (P), and F (P) in a development restriction zone, into a site by using a light flag, and converting it into a site.

2. On December 2, 2017, the Defendant installed two containers to be used as a warehouse in the area of 30 square meters from Seosung-si D, E, G, and F, which is a zone subject to the restriction on development, and he stored agricultural materials, such as agricultural machinery such as a pipe, steel pipe, styp, etc. in the area of 90 square meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. Police investigation reports (Submission of reference materials by persons in charge of watching and listening to compatibility);

1. Application of Acts and subordinate statutes to details, location map, investigation report on illegal acts, photographs of current status, comprehensive certificate of real estate (land), certificates of all registered matters, and copies of relevant official notices;

1. Article 32 Subparag. 1 and Article 12(1) of the Act on Special Measures for the Establishment and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Specific Development for Specific Economic Crimes; 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 concerning the order of provisional payment;

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