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(영문) 의정부지방법원 2015.04.02 2015고정412

개발제한구역의지정및관리에관한특별조치법위반

Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

No one shall construct a building, alter the purpose of use, install a structure, change the form and quality of land, etc. in a development restriction zone without permission from the competent authority.

Nevertheless, the Defendant:

A. Around May 31, 2014, at the Namyang-si, a development-restricted zone B, leased a greenhouse of 49.5 square meters, which is an animal and plant-related facility, to C without permission of the competent authority, to change the use of the building by leasing it to C as a storage of infant supplies;

B. Around June 15, 2014, a development restriction zone was leased 249.55 square meters of greenhouses, which are animal and plant-related facilities in Namyang-si, Namyang-si, a development restriction zone, to D without permission of the competent authority, to change the purpose of the building by leasing it to D as clothes storage;

C. Around October 20, 2013, the purpose of use was to change the greenhouse of 200.05 square meters, which is an animal and plant-related facility, into a warehouse facility in Namyang-si, Namyang-si, and the purpose of use was to extend a warehouse of 49.5 square meters in the steel frame and a toilet of 6 square meters in the light panel, respectively, and to change the form and quality of land by removing concrete equivalent to 200 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Business trip reports, reports on results of investigations of offenses, and current status photographs;

1. Application of Acts and subordinate statutes to a copy of each real estate monthly rent contract;

1. Article 32 subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Development Restriction Zones under the relevant Acts concerning facts constituting an offense;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;