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(영문) 수원지방법원 성남지원 2014.02.21 2013고단3095
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the owner of a plot of land (857.05 square meters) outside the Seoul Metropolitan City, Hanam-si, which is a development restriction zone.

1. Any person is prohibited from engaging in any act, such as construction of a building or alteration of the purpose of use, without obtaining permission from the competent authority in a development restriction zone for profit, or in violation of the terms and conditions of permission, on September 20, 201, he/she leased a deposit of 100 million won and monthly rent of 3 million won to C after changing the purpose of use from a stable to a warehouse.

2. The owner of land in a development restriction zone shall implement a corrective order issued by the competent authority for a violation of restrictions on activities in the development restriction zone;

On April 26, 2013, the Defendant was issued a corrective order to restore the use of a building located in the above land, which is a development restriction zone, to its original state before June 10, 2013, but did not comply with the corrective order.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A report on investigation;

1. Each photograph;

1. Application of the written charge, written accusation and examination report, corrective order, written investigation of offenses, general building register, current status of buildings, land cadastre, and written confirmation of land use plan;

1. Article 31 (2) 1, the proviso to Article 12 (1), subparagraph 2 of Article 32 and Article 30 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development for Criminal Facts and Selection of Punishment: Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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