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(영문) 인천지방법원 2020.10.07 2020고정1046
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who has owned the Nam-gu Incheon Metropolitan City B, a development-restricted zone located in the "Projects for Improvement of Mancheon Sea Wetlands" implemented by Incheon Metropolitan City.

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods or conduct an urban planning project without permission from the competent authority in a development-restricted zone, and the violator shall implement a corrective order for unlawful matters.

Nevertheless, the defendant has installed a building (container 18 square meters) around November 2016 in the above place without permission from the head of the Dong-dong in Incheon, and used it for the purpose of keeping the resting space, farming equipment, etc.

In addition, it was found that the above construction of the building was discovered and thus ordered to restore it to the original state until October 18, 2019 by the head of the Nam-dong, Incheon on September 16, 2019, but did not comply with the corrective order.

Summary of Evidence

1. Investigation report on part of the defendant's legal statement (verification on the scene of violation);

1. The defendant asserts that "the defendant shall not be held liable to the defendant since he installed a container within the development-restricted zone according to the public official's guidance that it is possible to install the container at the time," and that the defendant shall not be held liable to the defendant as he installed the container without permission within the development-restricted zone around November 2016. However, according to each evidence of the judgment, the defendant was found to have removed the container after the lapse of the period in accordance with the corrective order issued by the head of the Incheon Southern-dong Office, and there is no justifiable reason to believe that the act of installing the container in the development-restricted zone was not a crime."

1. Designation and management of a development restriction zone with respect to criminal facts and the choice of punishment;

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