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Defendant shall be punished by a fine of 6 million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
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 September 2016, the Defendant extended two general steel structure buildings of 300 square meters in total floor area of a facility related to the same plant (house) into a sales team and used as a warehouse without obtaining permission from the competent authority in order to use it as a warehouse of a textile raw material distribution company with the trade name “C” operated by the Defendant in Gyeonggi-si (former), Gyeonggi-si (hereinafter referred to as the development restriction zone), which is a zone for development restriction zones, and used as a warehouse, concrete as a concrete on the floor of the above building, and worked as a gravel of 60 square meters in the vicinity of the above building.
Accordingly, the defendant extended buildings in the development restriction zone for profit-making purposes, changed the use, and changed the form and quality of 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 by July 30, 2016 with regard to the act of changing the form and quality as described in paragraph (1) from the subordinate market on or around July 4, 2016 but failed to comply with the corrective order.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. A written accusation;
1. A statement of investigation of offenses;
1. Corrective order;
1. Application of documents confirming a land use plan, the ledger of general buildings, and current status photographs statutes;
1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction under the pertinent Act concerning criminal facts, the proviso to Article 12(1) (unauthorized construction or alteration of use, etc.) of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction, Article 32 Subparag. 2 and Article 30 of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction.