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(영문) 창원지방법원 마산지원 2017.03.14 2016고정524

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the owner of farmland in Masan-si, the farmland in Masan-si, and the owner of farmland in Ma, and the defendant B is the person who tried to engage in the business of leasing the land for the above farming warehouse and the farmland and planting entering the building project.

Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles in a zone subject to development restriction shall obtain permission from the head of a Si/Gun/Gu.

1. Defendant A

A. From the end of November 2015 to the end of February 12, 2016, the Defendant: (a) installed a steel-frame gate and a glar, which added glass to strengthening the agricultural warehouse located in Changwon-si, Changwon-si, the development restriction zone; (b) extended approximately six square meters without permission; (c) used approximately KRW 600 square meters for construction materials, etc. without permission, as a parking lot; and (d) used approximately KRW 100 square meters for construction materials, etc. without permission, within the development restriction zone; and (e) allowed Defendant B to perform an act of piling up without permission, altering the form and quality of without permission, or piling up goods.

B. From around 1976 to February 12, 2016, the Defendant installed a container stuffing up to approximately 18 square meters in the farmland located in Changwon-si, the members of Changwon-si, the area where development is restricted between them, and extended approximately 36 square meters in light of light capacity to a warehouse without permission.

Where the head of a Si/Gun/Gu constructs a building or alters the purpose of use of a building, installs a structure, changes in the form and quality of land, divides land, stores articles, thins bamboo and trees, or implements an urban/Gun planning project without obtaining permission or in violation of any terms and conditions of permission, he/she may order the relevant violator to suspend construction, remove, close, rebuild or relocate buildings, structures, etc., or take other necessary measures within a reasonable time specified by him/her.

On December 28, 2015, and February 12, 2016, the defendant against the above violation.