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(영문) 의정부지방법원 2015.06.15 2015고정811
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In a development-restricted area, the construction and alteration of the purpose of use of buildings, installation of structures, change of the form and quality of land, deforestation of bamboo and trees, division of land, piling-up of goods, or an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act shall not be performed without obtaining permission from the competent authority, or in cases where any violation is discovered by the competent authority, permission may be revoked, and in cases where a violation is discovered by the competent authority, corrective orders may be issued to the violator, etc. for the suspension of construction, removal, closure, remodelling or relocation of buildings, structures, etc

1. Nevertheless, on March 2010, the Defendant, without permission from the competent authority, extended a building with approximately 35 square meters wide by using the light board in Yangju-si, which is a development restriction zone, to Yangju-si, which is a development restriction zone. On April 2013, the Defendant changed the form and quality of land by means of flating approximately 700 square meters of D forest land, which is a development restriction zone, and used it as a playground and parking lot site. On June 2014, the Defendant newly constructed a building with approximately 30 square meters wide on the E site, which is a development restriction zone, using the steel tent, and newly constructed a building with approximately 45 square meters wide using the steel tent in the said D.

2. On August 2014, the Defendant failed to comply with the corrective order, without justifiable grounds, despite having received a warning from the two main markets to restore each of the above illegal matters from the two main markets at the residence of the Defendant for the Haman on both sides.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation;

1. A written statement of the G production;

1. Investigation reports on illegal acts;

1. Location map and on-site photographs;

1. Urging to correct illegal acts in development restriction zones;

1. Letter of guidance;

1. 토지이용계획솩인서

1. Application of Acts and subordinate statutes to land ledger;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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