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(영문) 인천지방법원 2016.08.12 2016고정1778
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store goods without permission from the head of the competent Gu in a zone subject to development restriction, and any offender shall implement an administrative disposition against unlawful matters.

Nevertheless, the Defendant did not comply with the corrective order issued by the head of Gyeyang-gu Incheon Metropolitan City on April 8, 2016 with regard to such unlawful act while purchasing and using a house with an illegally extended 11 square meter of land in Gyeyang-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Accusation (C) following the detection of illegal acts in a development restriction zone, and instruction for correction and demand for correction of illegal acts in a development restriction zone (C);

1. Location map and on-site photographs;

1. Application of Acts and subordinate statutes of D;

1. Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishments, Article 30 Subparag. 1 of the Act on Special Measures for Criminal Facts, and Selection of Fines;

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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