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(영문) 서울서부지방법원 2014.12.02 2014고정689
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

No one shall engage in development activities, etc. without obtaining permission from the competent authority, in cases where he/she sets up a height of not less than 50 centimeters by summing up the height filled up for the last one year, such as farming, in cases of changing the form and quality of land that does not result in the construction of a building, in a development restriction zone.

Nevertheless, on May 2012, the Defendant, without obtaining permission from the competent authority, requested Da to fill the land of 2,251 square meters in Gangseo-gu Seoul Metropolitan Government E2,251 square meters and F-owned G 2,687 square meters in land located in the development restriction zone. From that time, the Defendant changed the form and quality of the above land by embling at least 1m of earth sand, which is not available for farming by mixing it with a dump truck and other equipment, for about seven months from December 2012.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Partial statement of the witness H in the court;

1. Statement made by a witness I in the third protocol of the trial;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (parks and greenbelts of the Gangseo-gu Office and materials);

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 concerning Facts constituting a crime and punishment;

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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