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(영문) 수원지방법원 성남지원 2017.12.14 2017고단2024

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A A A A is a fine of KRW 7 million, Defendant B is a fine of KRW 4 million, and Defendant C is a crime of paragraph 3(a) of the judgment.

Reasons

Punishment of the crime

[criminal history] Defendant C was sentenced to a suspended sentence of imprisonment with prison labor for larceny, etc. on August 25, 2016 at the Cheongju District Court Decision No. 2014, Sept. 2, 2016, and the decision became final and conclusive on September 2, 2016.

[2] Criminal facts shall not be permitted to construct buildings, change the purpose of use, install structures, change the form and quality of land, store goods, etc. within a zone subject to development restriction without permission, and the relevant actor (including the owner, manager, or occupant of buildings, structures, and land used for the act of violation)

Where an order is issued by the competent authority to remove, close, rebuild or relocate buildings, structures, etc. or to take other necessary measures, the relevant corrective order shall be implemented.

1. Defendant A

A. The Defendant without permission is the owner of the E and F in the south-si of the Gyeonggi-do, which is a development restriction zone.

1) On January 2013, the Defendant changed the form and quality of the forest land by extracting fruit water using pokes to use the forest land (1,200 square meters) in Gyeonggi-si, Gyeonggi-do as a parking lot without obtaining a light permission, and by converting the forest land into a site by doing flat work.

2) On November 2015, the Defendant changed the form and quality of forest land by extracting fruit water from the forest land (1,056 square meters) located in Gyeonggi-si, Nam-gu, Gyeonggi-do without obtaining permission from the Defendant in a dry field, using cream, and converting the forest land into a dry field by doing flat work.

3) On August 2016, the Defendant changed the form and quality of forest land by extracting fruit water from the forest land of the above E (1,080 square meters) using pokes, and converting the forest land into the site without obtaining permission for around August 2016.

B. On January 22, 2016, the Defendant failed to comply with the corrective order, without justifiable grounds, despite receiving the corrective order from Gangdong-gu Seoul Metropolitan Government to restore to its original state a violation, such as paragraphs 1-A(2) and 2-A(2), from the Gangdong-gu Seoul Metropolitan Government G to January 31, 2016.