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(영문) 수원지방법원 성남지원 2018.04.17 2017고단3515

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Criminal facts

1. No one shall construct a building, alter its use, install a structure, or change the form and quality of land in an area subject to development restriction without permission from the Mayor of a Special Self-Governing City, the Mayor of a Special Self-Governing Province, the head of a Si/Gun/Gu, or the head of a Gu, within the area subject to development restriction;

A. The Defendant is the father of C, who is the owner of the land B, the development restriction zone, and the person who actually manages and uses the said forest land.

On October 2014, the Defendant, without permission from the head of Si in Hanam-si, changed the form and quality of a forest with approximately KRW 1289 square meters wide, in a manner that flags in the forest in question were flaged and flaged into the land. On March 3, 2015, the Defendant newly constructed two container storage units in the forest in question and one container storage unit in the forest in question on February 2017 without permission from the head of Sinnam-si.

B. The Defendant is the owner of a forest land D in the Hanam-si, the development restriction zone.

Around July 2015, the Defendant, without permission from the head of Sinnam-si, built a site by converting a size of approximately 1,653 square meters into the land in a flab, flab, and flabing the land. Around July 2015, the Defendant newly built 6 containers and one steel pipe warehouse at that place without permission.

2. A person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction (the fact of non-compliance with the order of suspension) shall comply with a corrective order issued by the competent authority because illegal construction, etc. is discovered in areas subject to development restriction;

A. From June 2, 2017 to July 2, 2017, the Defendant failed to comply with the corrective order issued by the Hanam-si Office to restore the violation described in the foregoing paragraph 1-A to its original state, even though it received the corrective order around June 5, 2017 and confirmed the correction order.

B. From June 2, 2017 to July 2, 2017, the Defendant issued a corrective order to reinstate a violation described in the foregoing paragraph 1-B to its original state, which was received on or around June 5, 2017, and confirmed the corrective order.