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(영문) 의정부지방법원 2014.04.10 2014고정82
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. The Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development is a person who operates a general restaurant in the name of “C” on two cities, B, and three lots.

Despite the fact that the above area is a development restriction zone and obtained permission from the relevant administrative agency at the time of changing the form and quality of the area or construction, the Defendant arbitrarily constructed a facility of approximately 42 square meters of a place of business using a steel and a tent in D forest in the above Yangju-si, Yangju-si, without permission, on April 2013, and constructed eight buildings without permission as shown in the attached crime list, and changes the form and quality of forest of 700 square meters of a floor area from the same lot number for business purposes.

Accordingly, the Defendant violated the restriction on the act in the development restriction zone.

2. The Defendant violated the Building Act without obtaining a construction permit from the competent authorities at the same time and place as the foregoing paragraph (1), and constructed eight buildings without permission as in the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and an investigation report on illegal acts;

1. Land use planning confirmation personnel;

1. On-site photographs;

1. Application of Acts and subordinate statutes governing business reporting certificates;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development; Article 12(1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (amended by Act No. 10599, Apr. 14, 201); Articles 32 Subparag. 1 and 12(1) of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (amended by Act No. 1059, Apr. 14, 201); Articles 108(1) and 11(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014)

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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