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(영문) 수원지방법원 성남지원 2017.03.02 2016고단4069

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, from around December 10, 2015 to around January 10, 2016, the Defendant extended buildings of general steel structure of 298.62 square meters of the total floor area of each of the plant-related facilities (use 1 building) and general steel structure of 297.9 square meters of total floor area (use 2 building) (use 2 building) of general steel structure (use 2 building) of 297.9 square meters of total area to be used as a store in the south-si (former) of Gyeonggi-si (hereinafter referred to as “C”), the development restriction zone from around December 10, 2015 to around January 10, 2016. The Defendant changed the use of 2 Dong building to 1,192 square meters, and changed the form and quality of concrete and gravel before 1,192 square meters.

As a result, the Defendant changed the form and quality of land in the development restriction zone without obtaining permission from the competent authorities for profit-making purposes.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on July 12, 2016, the Defendant issued a corrective order to reinstate the original state by August 1, 2016 with regard to the act of changing the form and quality as described in paragraph (1) from the subordinate market on or around July 12, 2016, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A statement of investigation of offenses;

1. A written accusation;

1. Corrective order;

1. Land register, certificate of land use plan, and general building register;

1. Application of Acts and subordinate statutes governing status photographs;

1. Article 31(2) of the Act on Special Measures for Designation and Management of Areas of Restricted Development under the corresponding provision of the Act on Criminal Facts