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(영문) 의정부지방법원 2017.05.25 2017고단1306

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of two thousand won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[2017 Highest 1306] Defendant A agreed to receive KRW 22 million deposit and KRW 1.5 million monthly rent from Defendant B as the owner of the Guri-si C animal and plant-related facilities (heat), which is a development restriction zone around the end of July 2016, and Dong (248.6m2).

Defendant

B is engaged in the pre-satising business with the trade name of "D", and the defendant A leased the animal and plant-related facility(satis) from the defendant A.

1. On July 2016, Defendant B committed a joint crime by the Defendants, without obtaining permission from the competent authority, extended the said animal and plant-related facilities (house) and the said building area of 40 square meters to 22 stories without permission, and used the total amount equivalent to 288.6 square meters as D’s office and factory by changing the purpose of use into D’s office and factory.

The Defendants conspired to commit the act of restricting development within the development-restricted zone without permission from the competent authorities for profit-making purposes.

2. On July 2016, the Defendant changed the form and quality of land by putting a total of 990 square meters into concrete in Guri-si, which is a development restriction zone, in order to lease to another person as early patrolman, without permission from the competent administrative agency. The Defendant changed the operation of animal and plant-related facilities (house) and the passage of the Dong-si into a steel frame, thereby extending the total area of 88 square meters without permission, and changed the use of animal and plant-related facilities (total area of 248.6 square meters) into a warehouse.

As above, the Defendant did an act of restricting development within the development-restricted zone without permission from the competent authorities.

[2017 Highest 1847]

3. Defendant A asserted that, around 12:00 on March 22, 2017, the reason why the construction cost of the design part for the construction site of the new site of the glass greenhouse located in Guri-si in Guri-si located in Guri-si in the F Office of Defendant A was due to the erroneous introduction of the victim H (64 years old) within the F Office of Defendant A’s operation, Defendant A collected and sealed the victim’s door (18cc in total length) on his/her hand, which is a dangerous object on the books of the Guri-si Office.

“Accomage” and the victim is the victim.