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(영문) 의정부지방법원 2018.07.20 2018고단1162

개발제한구역의지정및관리에관한특별조치법위반

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Defendants shall be punished by imprisonment for six months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the owner of three buildings in Southyang-si, the development restriction zone, C, D and ground, and Defendant B is the person who rents one building among the above buildings with compensation, and two buildings are provided and used with free of charge.

No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, or store goods within a zone subject to development restriction without obtaining permission from the competent authority.

1. The Defendants’ joint crime committed on September 2017, without obtaining permission from the Namyang City Market, leased one building area of mushroom cultivation shed (247.5 square meters) to Defendant B at a cost, one building area of mushroom cultivation shed (247.5 square meters), one building area of mushroom cultivation shed (247.5 square meters), and one seed cultivation shed (375 square meters in size) in D, provided to Defendant B free of charge, and Defendant B used three buildings as a store for the storage of home distribution products.

Accordingly, the Defendants conspired to change the purpose of the building.

2. On June 2015, Defendant A, without obtaining permission from the Namyang City market, extended the area between two Dongs of mushroom cultivation buildings for the purpose of using the toilet for the purpose of use in the toilet (4m2) and installed concrete on a scale of 310m2 in front of the building growing mushroom, and changed the form and quality thereof.

Summary of Evidence

1. Defendants’ legal statement

1. E statements;

1. Application of statutes on site photographs;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones, proviso to Article 12(1) of the Criminal Act, Article 30 of the Criminal Act (the use of an unauthorized building), Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones (the use of an unauthorized building), the proviso to Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (the use of an unauthorized building and the alteration of the form and quality of land) and Defendant B who has selected imprisonment: Each of the defendants who have been sentenced to imprisonment: Article 32 Subparag. 1 and the proviso to Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones, Article 30 of the Criminal Act, and Article 11 of imprisonment.

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