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(영문) 인천지방법원 부천지원 2016.01.19 2015고단3530
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The defendant shall not construct a building in violation of the purpose of designation as a zone designated as a development restriction zone by the Minister of Land, Infrastructure and Transport with respect to the land above, as a person who owns 192m2 on the site B in Si interesting City;

Nevertheless, on November 18, 2014, the defendant transferred ownership to the above building (a warehouse for the storage of agricultural and fishery products) from C, and changed the use of the building arbitrarily, such as using it as a storage of agricultural and fishery products for its original purpose, and using it as a logistics warehouse.

2. The defendant shall not construct a building in violation of the purpose of designation as an area designated as a development restriction zone by the Minister of Land, Infrastructure and Transport within the territory of which the land was designated as the owner of the site B or D in Si interest.

Nevertheless, around November 2014, the Defendant constructed a building in violation of the purpose of designation, such as a freezing warehouse (10m2), a steel pipe (196m2), a portable board (4m2), a toilet (4m2), a container office (18m2), etc. on the above ground.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. � 기사 항 전부 증명서, 일반 건축물 대장, 건축물 현황도

1. Application of statutes on site photographs;

1. Article 32 subparagraph 1 of the Act on Special Measures concerning the Designation and Management of Areas subject to Restrictions on the Selection of Specific Economic Crimes and Punishment, and the proviso to Article 12 (1) of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selection of Punishment

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

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

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

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