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(영문) 서울중앙지방법원 2015.02.10 2014고정5263
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

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-restricted zone shall be permitted by the competent authority to do such act.

Nevertheless, from November 2013 to May 2014, the Defendant changed the form and quality of land without obtaining permission from the competent authority by using 160 square meters of forest land in Gangnam-gu Seoul, Seoul, a development restriction zone, as a parking lot without permission from the competent authority.

Summary of Evidence

1. Partial statement of the defendant;

1. Land cadastre;

1. Confirmation of land use plan;

1. Application of the photographic Acts and subordinate statutes;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development concerning Facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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