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(영문) 의정부지방법원 2018.05.28 2018고정523
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Government-Si C Forest and D Forest and Land are owned by E, F Forest and Land are owned by the Republic of Korea. G is the land located in the development restriction area, and G is the land adjacent to the land, and as the land was incorporated into J site, the compensation was made to the K Association (the Chairperson E) of the owner after the process of acquiring the consultation, and the defendant demanded payment of KRW 100 million out of the compensation and filed a lawsuit for return of unjust gains, but lost.

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 in a zone subject to development restriction shall obtain permission from the competent authority.

From April 2017 to August 2017, the Defendant constructed a building with a size of 45.7 square meters using a light-weight panel for the reason that he did not receive the compensation for acquisition of consultation on neighboring land in the Gu-si forest, F forest, D forest and field, and G, and made changes in the form and quality of land by covering the land area of 1,094 square meters with soil and reclaiming the drainage channel.

Summary of Evidence

1. Partial statement of the defendant;

1. Written accusation or L’s statement protocol;

1. Investigation reports (Attachment of confirmation letter of land use plan);

1. Notification of illegal acts of development-restricted zones (A and E);

1. Application of statutes on site photographs;

1. Article 32 subparagraph 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on the Selective Development of Punishment

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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