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(영문) 의정부지방법원 2016.10.10 2016고단1998

개발제한구역의지정및관리에관한특별조치법위반

Text

1. Defendant A shall be punished by a fine of three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Defendant

B is two owners of land and animal and plant-related facilities in Namyang City, which is a development restriction zone, and the defendant A is the lessee of the above land and building.

1. No one shall construct a building or alter its use for profit in a development-restricted area without permission from the competent authority.

Defendant

B around November 23, 2015, two animal and plant-related facilities (total area of 752.4 square meters) are leased to Defendant A with a deposit of KRW 30 million and a rent of KRW 4 million. Defendant A used the above buildings as a healthcare unit from December 2, 2015 to March 2016.

As a result, Defendants conspired to change the use of a building in a development restriction zone without permission from the competent administrative agency for profit.

2. Where the head of a Si/Gun/Gu finds any unauthorized construction, change in the form and quality, etc. without permission from the competent authority, he/she may take necessary measures, such as removal of buildings, and the person who has received such corrective measures shall comply therewith.

On April 8, 2016, the Defendant did not comply with the corrective order issued by the Namyang City Mayor to reinstate the same illegal act as indicated in the list of offenses, such as illegal buildings in the above land, within 30 days.

3. The head of a Si/Gun/Gu may take necessary measures, such as removal of buildings, where he/she discovers unauthorized construction, change of form and quality, etc. without permission from the competent authority, and the person who has received such corrective orders shall comply therewith.

On April 8, 2016, the Defendant did not comply with the corrective order issued by the Namyang City Mayor to reinstate the same illegal act as indicated in the list of offenses, such as illegal buildings in the above land, within 30 days.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. A written accusation;