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(영문) 부산지방법원 서부지원 2019.07.25 2019고정284
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

1. No one shall change the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authority;

Nevertheless, on June 1, 2018, the defendant, without permission from the competent authority, has changed the form and quality of land by packaging approximately 80 square meters from among the land near the entrance of the defendant in Gangseo-gu, Busan, which is a development-restricted zone B.

2. A person who has received a correction order from the competent authorities due to changes in the form and quality of land, etc. without obtaining permission from the competent authorities, shall execute such execution order;

Nevertheless, around June 5, 2018, the Defendant issued the first corrective order to restore the violation under paragraph (1) from the head of Gangseo-gu Busan to the original state until June 11, 2018; the second corrective order from the head of the same Gu on June 14, 2018 to the original state until June 22, 2018; and the third corrective order from the head of the same Gu on June 22, 2018 to the original state to the original state until July 13, 2018; and the third corrective order from the head of the same Gu on June 22, 2018 to the original state was not implemented without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to submit additional data following a written accusation or an accusation of an illegal act;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Punishment concerning facts constituting the crime, Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 12 (1) (Unauthorized alteration of form and quality of restricted development zones, Selection of fines) and Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas of Restricted Development

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

1. Articles 70 (1) 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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