A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Any person who intends to 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 articles within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, on May 2015, the Defendant: (a) extended the greenhouse outer wall of 324 square meters in a board to the board, without obtaining permission from the competent authority; and (b) packaged the previous 600 square meters in concrete as concrete in order to raise rental profit by changing the use of the facility to the warehouse in the Hanam-si, Seoul Special Metropolitan City (former), and D (Spot).

Accordingly, the defendant extended a building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes and changed the form and quality of the land.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on July 4, 2016, the Defendant issued a corrective order to reinstate the original state from July 30, 2016 with regard to the act of changing the form and quality as described in paragraph (1) from the subordinate market. However, the Defendant did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Registers of each land and written confirmation of each land use plan;

1. The general building ledger;

1. A written investigation of violations and on-site photographs;

1. Application of Acts and subordinate statutes of the corrective order;

1. Relevant Article 31(2)1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment; Article 31(2)1 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; the proviso to Article 12(1) (unauthorized construction or alteration of use, etc.); Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development; Article 30(1) of the Act on Special Measures for Designation of Areas subject to Restriction on Development; and each choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.