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(영문) 대구지방법원 2017.09.13 2017고정1369
개발제한구역의지정및관리에관한특별조치법위반
Text

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

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A

(a) No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a zone subject to restrictions on the change in the form and quality of land;

However, the Defendant changed the form and quality of land without permission in a development restriction zone by packaging 350 square meters into concrete in order to use it as an access road to a charnel installed in the Gyeongdong-gun D and E, which is a development restriction zone in the border, in March 2015.

B. On November 18, 2016, the Defendant in violation of the corrective order issued a corrective order with the purport that “the Defendant changed the form and quality of land without permission,” which reads that “the Defendant shall restore the form and quality of land to its original state by January 31, 2017,” but did not comply with it.

2. Defendant B, at the time and place specified in paragraph (1), Defendant B, the representative of the Defendant, did not change the form and quality of the land in the development restriction zone without permission and did not comply with the corrective order.

Summary of Evidence

1. Each legal statement by the Defendants (as at the second public trial date);

1. Voluntary statement of the F;

1. Application of Acts and subordinate statutes to accusation, site photograph, site, full certificate of registered matters, land register, business registration certificate, association rules, corrective order, and order for correction demand;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones and Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones (a point of changing the form and quality of land without permission), Article 32 Subparag. 2 and Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (a point of non-compliance with time orders), and Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Development Restriction Zones (a point of non-compliance with time orders): Defendant B who selected each fine: Articles 33, 32 Subparag. 1, 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (a point of changing the form and quality of land without permission), Articles 33, 32 Subparag. 2, and 30 of the Act on Special Measures for Designation and Management of Development Restriction Zones.

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