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(영문) 인천지방법원 2015.06.05 2015고정1438
개발제한구역의지정및관리에관한특별조치법위반
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

From June 1, 2009, the Defendant leased and used it in Incheon Dong-gu, Incheon.

1. No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, etc. within a development restriction zone without obtaining permission from the competent authority;

Nevertheless, on August 2012, the Defendant, without obtaining permission from the competent authority, laid down floor concrete on the land located on the development-restricted zone, and changed the form and quality of the land. On March 2014, the Defendant constructed a cooling-type room, which is a prefabricated-type building with a size of 9 square meters on the above land.

2. No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, felling bamboo and trees, dividing land, piling up goods, etc. within a development restriction zone without obtaining permission from the competent authority, and where such act is discovered, the competent authority may order the violator, etc. to take necessary measures within a specified period;

Nevertheless, the Defendant did not comply with the order issued by the Nam-gu Incheon Metropolitan City head of the Gu, which is the competent authority on October 29, 2014, to correct the violation in relation to the construction of a building and changing the form and quality of the land as prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a D statement;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the alteration of the form and quality of land already permitted and the construction of buildings), Articles 32 subparag. 2 and 30(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (the non-performance of corrective orders);

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

1. Detention at a workhouse;

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