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(영문) 서울중앙지방법원 2014.12.10 2014고정5039
개발제한구역의지정및관리에관한특별조치법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who engages in deep art business in the name of "C" in the answer located in Gangnam-gu Seoul Metropolitan Government, which is a development restriction zone.

No building and alteration of use, installation of a structure, alteration of form and quality of land, etc. shall be allowed in a development restriction zone without permission from the head of the competent Gu.

Nevertheless, on November 2010, without obtaining permission from the head of the competent Gu, the Defendant installed a container of approximately 54 square meters (6m x 9m) which is a structure in a plastic house located on the above land and used it for residential purposes.

Summary of Evidence

1. Defendant's legal statement;

1. A public official statement in D;

1. A written accusation by the head of Gangnam-gu;

1. Land information:

1. Application of the location map and statutes on site photographs;

1. Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development 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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