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(영문) 의정부지방법원 2015.06.30 2014고단4497

개발제한구역의지정및관리에관한특별조치법위반

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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a founder of "E" located in D and five parcels in South-si, Namyang-si.

No one shall 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 in a development restriction 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, renovation or relocation of buildings, structures, etc., or other necessary measures within a reasonable period specified by the competent authority.

1. Although the Defendant had been on the record of having been sentenced to a fine of KRW 5 million and KRW 10 million each in 2004 and 2013 due to unauthorized construction, alteration of the purpose of use, etc. in the process of the above E establishment and operation, the Defendant used the land of KRW 91 square meters as a parking lot from August 2013 to September 2014, which was permitted by the competent authority, as a cafeteria-si F, Nam-si, which is a development restriction zone, as a cafeteria, and used the land of KRW 1,49.34 square meters each as a religious facility, and used the building of KRW 1,173.6 square meters each as a religious facility, which was permitted by G from August 2013 to September 2014.

2. The Defendant, on September 11, 2014, failed to comply with the corrective order within 30 days of the period for the implementation of the corrective order, even though he received the “violation of the Act on Special Measures for Designation and Management of Development Restriction Zones” from the Namyang market, which is the competent authority, to restore to its original state the illegal matters listed in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Request for investigation, statement, and order for correction of violation of special measures on the designation and management of development restriction zones, list of illegal investigation;