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(영문) 의정부지방법원 2018.08.22 2018고정932
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of each land C and D in Namyang-si, which is a development restriction zone, and E is the person who leases the above land and operates the secondhand shop.

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, in a zone in which the development of a common crime of the defendant and E is restricted shall obtain permission from the competent authority;

On December 2, 2017, the Defendant and E conspired to install a concrete structure with a size of 18 square meters in the above C and two lots of land, which are the development restriction zone, and installed a structure with a structure of the concrete structure of 18 square meters, and used for the modern times, etc., without obtaining permission as shown in the attached list of crimes (1).

2. Where a 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 authority having jurisdiction over the sole crime of a defendant has ordered the suspension of construction, or removal, closure, reconstruction or relocation of the buildings, structures, etc., or other necessary measures with regard thereto, the competent authority shall comply therewith

Although the Defendant received a corrective order on August 28, 2017, stating that “a container of a size of 27 square meters is installed in the above C around April 2011 and used it as an office,” the Defendant failed to comply with the above order by December 20, 2017, which is the deadline for implementation, even though it received a corrective order for the restoration of the original state to an unlawful act, such as a list of crimes listed in the attached Table (2).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of Acts and subordinate statutes to the accusation book, current status photograph, land register, and corrective order;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment and Special Measures for Criminal Facts, Article 12 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selection of Punishment, Etc. (in cases of changing the form and quality of land without permission), Article 30 of the Criminal Act, and Article 30 of the

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