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(영문) 부산지방법원 동부지원 2020.05.13 2020고정44
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant shall be the chairperson of the B Countermeasure Committee.

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-restricted area without obtaining permission from the competent authorities or in violation of permitted matters.

Nevertheless, on October 10, 2019, the Defendant installed a container with approximately nine square meters in Busan-gun C, Busan-gun, which is a development restriction zone, without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A written accusation (a corrective order was issued against the instant container in C, and the Defendant’s responsibility is recognized for the act committed from October 10, 2019 to November 2019, even if the instant container was transferred to E without the authority’s permission on October 10, 2019 in accordance with the corrective order, and was sold to F and was restored to its original state on or around November 2019).

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12(1) of the Act on Special Measures for Designation of Areas of Restricted Development concerning Facts constituting a crime and punishment;

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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