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(영문) 서울중앙지방법원 2015.01.16 2014고정5352
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

No one shall construct a building or alter the purpose of use, install a structure, change the form and quality of land, store goods, etc. in a development restriction zone, and where he/she violates such provision, he/she shall comply with a corrective order related to the suspension of construction works by the head of the Gu, etc., or removal, closure or relocation of buildings or structures, etc

Nevertheless, around December 10, 2013, the Defendant issued a corrective order to restore a building used for residential, restaurant, chickens, etc. to its original state not later than December 31, 2013 without obtaining permission from the head of Gangnam-gu Office at his own house located in Gangnam-gu Seoul Metropolitan Government B apartment 110 Dong 1516, which is located in the development restriction zone, to its original state, among the land in Gangnam-gu Seoul, Gangnam-gu Seoul, which is a development restriction zone.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (Attachment to mail delivery details);

1. Written statements of public officials of D and E;

1. Application of the accusation and corrective order to the head of Gangnam-gu;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 30 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment concerning Facts constituting an offense;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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