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(영문) 수원지방법원 성남지원 2015.05.21 2015고정286
개발제한구역의지정및관리에관한특별조치법위반
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. No person without permission shall construct buildings, change the purpose of use, install structures, change the form and quality of land, stockpile goods, etc. within a development restriction zone without permission from the competent authority;

Nevertheless, on April 2010, the Defendant newly constructed a residential building using a consortium and a panel on an area of 66 square meters among 79,835 square meters in Hanam-si, Gyeonggi-do. Of the same forest land, the Defendant constructed a building for warehouse with a container on an area of 18 square meters in the same forest land. The Defendant newly constructed a building for warehouse with a wooden panel on an area of 14 square meters in the same forest among the same forest land, and newly constructed a building for warehouse with a steel pipe on an area of 189 square meters in the same forest area.

2. Any occupant of land in a development restriction zone who fails to comply with an order to reinstate shall implement a corrective order issued by the competent authority on the ground of such violation.

The Defendant was issued a corrective order from the subordinate market around August 11, 2014 to restore a building to its original state on August 30, 2014 with respect to an unlawful act that newly constructed a building without permission on the said land, which is a development restriction zone, to the original state, but did not comply with such order.

Summary of Evidence

1. Defendant's legal statement;

1. Written accusation and statement of a public official;

1. Application of provisions of Acts and subordinate statutes concerning investigation reports on offenses, summary ground plans, and current status photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Articles 32 Subparag. 2 and 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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