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(영문) 수원지방법원 성남지원 2016.03.31 2016고단121
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the owner of the land in B, C, and D3 lots and the building on the ground in Gyeonggi-do.

1. Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, store goods, etc. in a zone subject to development restriction, such as the change of use within a zone subject to development restriction, shall obtain permission from the competent authority;

Nevertheless, on July 2015, the Defendant: (a) replaced a 1st floor building (896.4 square meters) which was permitted as a greenhouse in the above place into a panel; and (b) changed the use of a greenhouse for the purpose of a warehouse; and (c) changed the use of a greenhouse for the purpose of a warehouse; and (d) changed the use, or changed the form and quality in the development-restricted zone, such as the details of the list of crimes in the attached Form.

2. Any person who fails to comply with a corrective order, where he/she receives a corrective order against a violation of the purpose of designation within a development restriction zone, such as construction of a building and alteration of its use, installation of a structure, alteration of form and quality of land, piling-up of goods, etc., in violation of the purpose of designation

Nevertheless, the Defendant did not comply with the corrective order issued by mail to order the restoration of the above land and building from the subordinate market around July 17, 2015 to August 20, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes requiring confirmation of the land use plan, such as a written accusation, investigation report on each illegal act, each field photograph, corrective order, check sheet for receipt of postal registration, summary ground plan, building ledger, and land ledger;

1. Article 32 Subparag. 1, Article 12 Subparag. 1 (Unauthorized Construction, etc.) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, and Articles 32 Subparag. 2 and 30(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development, concerning facts constituting an offense;

1. Selection of each alternative fine for punishment (no such sentence shall have any history);

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