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(영문) 의정부지방법원 2015.08.11 2014고단4483

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 The Defendant was sentenced to a fine of KRW 2 million for a violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development at the Jung-gu District Court on March 11, 2009, a fine of KRW 3 million for the same crime in the same court on August 19, 2009, and a fine of KRW 5 million for the same crime in the same court on October 7, 2010, respectively.

[Judgment of the court below] The defendant is the representative director of corporation E, who is a corporation with the purpose of slaughter in Namyang-si, etc.

No person may construct a building or alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods, or perform an urban or Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act within a development-restricted zone without obtaining permission from the competent authority, or may cancel permission if he/she finds a violation, and may issue a corrective order to the violator, etc. concerning the suspension of construction, or the removal, closure or relocation of buildings, structures, etc., or other necessary measures within a reasonable period specified by the competent authority.

1. Nevertheless, notwithstanding the change of use, the Defendant, without obtaining permission from the competent authority from October 8, 2010 to October 2014, 2014, changed the use of a retail store, which is a type of neighborhood living facility (three square meters equivalent to 99.2 square meters), built on the F on the ground of Namyang-si, Namyang-si, which is a development restriction zone, into a restaurant.

Accordingly, the defendant changed the use for profit without obtaining permission from the competent authorities habitually.

2. On April 9, 2013, the Defendant, who failed to comply with a corrective order, was “a corrective order within a development restriction zone” with the content of restoring the list of offenses in the attached Form from the Namyang-si market, the competent authority, to its original state from the Namyang-si market.

9. On October 28, 2014, “Measures for Implementation of Corrective Orders for Violations within Development Restriction Zones” with the same content from the South Yangyang market at the same place.