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(영문) 의정부지방법원 2017.02.13 2016고정2378

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

B is the owner of C, D, E, the owner of the above F, G land, H, the owner of the above I, J land, and K is the owner of the above L, M, N,O, and P land.

Defendant is the lessee of the above C, D, F, G, I, J, N, and O land.

Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction shall obtain permission from the competent authority.

1. B, the Defendant’s joint crimes committed on November 11, 2014, with knowledge of the fact that the Defendant would use one building of a size of 495 square meters, which was permitted as an animal and plant-related facility (house) in the above C and D, which is a zone subject to development restriction, as a warehouse, was leased at KRW 30 million and KRW 4,400,000 per month, and the Defendant used one building from around that time as a warehouse.

Accordingly, the defendant, in collusion with B, changed the purpose of the building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

2. On May 2014, E jointly committed the crime of the Defendant: (a) one building of a size of 99 square meters and one building of a size of 248.49 square meters and one building of a size of 249 square meters permitted from the above F and G, which is an animal and plant-related facility (house) in a development restriction zone, and one building, which is located in a warehouse, despite being aware of the fact that the Defendant intends to use it as a warehouse, leased KRW 20 million and KRW 2.5 million per month; and (b) the Defendant used the two buildings from around that time.

Accordingly, the defendant, in collusion with E, changed the purpose of the building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

3. On September 30, 2014, H’s joint crime of H and the Defendant leased 40 million won and KRW 5 million per month, even though the Defendant knew of the fact that he/she intends to use one building of a size of 492m2 square meters as a warehouse, which was permitted by the said I and J as an animal and plant-related facility (he/she), which is a zone subject to development restriction around around September 30, 201, and the Defendant used one building as a warehouse from around that time.

Accordingly, the Defendant is H.