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(영문) 인천지방법원 2014.12.19 2014고정2808
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around June 2013, the Defendant constructed a building with 49 square meters of the floor area of 1st floor by using a prefabricated-type panel in order to use it for warehouse use in the Nam-gu Incheon Metropolitan City, which is a development restriction zone, without obtaining permission from the competent authority, and constructed a 2-story building with a total floor area of 63 square meters in total floor area by using a container of 14 square meters of the 2nd floor area. A building with a 43 square meters of the floor area of 1st floor and 9.9 square meters of the 2nd floor area was constructed by using a prefabricated-type panel with a total floor area of 52.9 square meters in total floor area.

From October 2012 to April 5, 2013, the Defendant, without obtaining permission from the competent authority, built a steel-frame office of 99 square meters in a size of 26 square meters in a size of 26 square meters, and changed the form and quality of land by cutting off a steel pipe of a size of 227 square meters in a development-restricted zone, in order to use it as bean estate cultivation company (a greenhouse) in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which is a development-restricted zone, from October 5, 2012 to April 5, 2013.

Summary of Evidence

"2014 High Court 2808"

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol regarding F;

1. G statements;

1. Photographs "2014, 2983";

1. The defendant's legal statement (the statement on the fourth trial date);

1. G statements;

1. Application of the location map and current status photograph statutes;

1. Subparagraph 1 of Article 32 and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 12372, Jan. 28, 2014);

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;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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