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(영문) 수원지방법원 성남지원 2017.02.09 2016고단3654
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of operating plastic products located in Gyeonggi-do, and the defendant A is the representative director of the above corporation.

1. A person who constructs a building, alters 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 under Defendant A, shall comply with an order issued by the competent authority to suspend construction, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto;

Nevertheless, on August 16, 2016, the Defendant newly constructed a steel pipe of 400 square meters, a steel pipe of 450 square meters in size, a steel pipe of 180 square meters in size, a steel pipe warehouse of 200 square meters in size, a steel pipe of 200 square meters in size, a steel pipe of 160 square meters in size, a steel pipe of 160 square meters in size, a steel pipe of 82.5 square meters in size, a steel pipe of 178.16 square meters in size, a warehouse of 330 square meters in size in the development-restricted zone, a warehouse, a warehouse of 330 square meters in the development-restricted zone, a warehouse, a warehouse of 330 square meters in the development-restricted zone, a warehouse of 495 square meters in the 494 square meters in the warehouse, a warehouse of 30 square meters in the 178.163 square meters in the workplace, and did not change the housing for 20.

2. Defendant B’s representative director, Defendant B, was ordered by the competent authority to restore the Defendant’s business to its original state, but did not comply with the corrective order.

Summary of Evidence

1. Defendants’ respective legal statements

1. Corrective order;

1. Investigation reports on offenses, details of offenses, and application of Acts and subordinate statutes governing current status photographs;

1. Article 32 Subparag. 2 and Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (i.e., the selection of punishment, relocation of place of work, reinstatement, etc.).

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