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(영문) 부산지방법원 2013.09.26 2013고정3870
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by a fine of KRW 500,000.

Defendant

If A does not pay the above fine, KRW 50,000.

Reasons

Punishment of the crime

Defendant

A is the representative director of the corporation B, and the corporation B is the owner of the building located in the Geum-gu Busan Metropolitan City, which is a development-restricted area, which is a corporation established for the business of manufacturing the peltom and the Gam

1. The Defendant failed to comply with the foregoing order, without justifiable grounds, even though he/she received a advance notice for correction of illegal acts in a development-restricted area and for imposition of a non-performance penalty under the name of the head of Geumcheon-gu, the head of Si/Gun/Gu to restore to the original state, by March 19, 2013, 199, one Dong of 80 square meters at the board and one Dong of 20 square meters at the place of business in which he/she was constructed without permission in around 1970 and around 2003 at the above office located in Geum-gu, Busan, the head of Si/Gun/Gu, to restore to the original state on three occasions, including November 12, 2012, 17, February 27, 2013.

2. A, the representative of Defendant B’s Defendant Company, committed a violation as provided in the preceding paragraph in relation to the Defendant Company’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. Instructions for correction of an illegal building, request for correction of an illegal building, advance notice of imposition of charges for compelling compliance within a development restriction zone;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 32 Subparag. 2 and Article 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones;

(b) Defendant B: Articles 33, 32 subparag. 2, and 30(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones

1. Selection of sentence (Defendant A);

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse (Defendant A);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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