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(영문) 서울남부지방법원 2016.04.08 2015고단2966
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 use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, or implement an urban or Gun planning project without obtaining permission from the competent authority for profit-making purposes or in violation of any terms and conditions of permission.

Nevertheless, from April 1, 2014 to May 13, 2015, the Defendant installed 42 containers installed with the permission of the competent authority for the purpose of piling up goods on the 3,489 square meters in Gangseo-gu Seoul Metropolitan Government, which is a development restriction zone, for the purpose of piling up goods, on the 827 square meters in Gangseo-gu, Seoul Metropolitan City, with the permission of the competent authority, which is a zone subject to the restriction of development, and made it possible for the Defendant to keep the goods, etc. in custody by receiving rents from the private tax proprietor while operating the container leasing company

As such, the Defendant, in the development restriction zone as above, stored goods in violation of the permission of the competent authorities for the purpose of profit-making.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of the defendant in part in the protocol of public trial on the first and third occasions;

1. Seizure records;

1. Investigation reports (report on the results of questioning by the relevant departments on permission for activities within the development restriction zone), investigation reports (report on the detection of illegal acts within the development restriction zone);

1. Reporting criminal intelligence (illegal acts in containers within a development-restricted zone);

1. Questions of the interpellation;

1. Written permission for activities and confirmation of land use plan within a development restriction zone;

1. Container placement map;

1. A copy of a contract for storing goods;

1. Application of Acts and subordinate statutes to photograph the scene of search and inspection;

1. Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Penalty)

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s summary of the assertion is after obtaining the permission for piling up containers.

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