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(영문) 의정부지방법원 2019.01.25 2018고단3908

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 3,000,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is an owner of two buildings (298.5 square meters, 190 square meters) and two buildings (298.5 square meters, 190 square meters, and 190 square meters) newly constructed for the purpose of a facility related to seeds and plants (a seed cultivation facility) in Nam-si, Nam-si, Namyang-si, which is a development restriction zone, and the Defendant Z is a lessee of one Dong (190 square meters, among the above buildings

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, store articles, etc. in a development restriction zone without obtaining permission from the competent authority.

1. From November 10, 2016, the Defendants conspired to use a building (190 square meters) permitted for the purpose of animal and plant-related facilities (a seed cultivation place) as a warehouse storing amno, and changed the purpose of use from November 10, 201 to the present land.

2. The sole criminal conduct of Defendant A;

A. From November 10, 2016, the Defendant used buildings permitted for the purpose of animal and plant-related facilities (a seed breeding place) as a pet sale site without obtaining permission from the competent authority from November 10, 2016.

B. On December 2, 2016, the Defendant, without obtaining permission from the competent authority, extended the toilet (five square meters) on the side of the building (190 square meters), using the light board on the part of the building (190 square meters), and changed the form and quality of the land by removing concrete on the bottom of the extended toilet.

C. On August 2017, the Defendant, without obtaining permission from the competent authorities, extended the warehouse (boiler room, 14mm2) by using the Gambling Team, on the land of this case, on the ground of the lower court.

3. Around December 2016, the Defendant solely committed a single crime in the Defendant Z installed a dunes (34 square meters) within a building (190 square meters) permitted as an animal and plant-related facility (a seed nursery) without obtaining permission from the competent authority on the land of this case, and extended the said building (34 square meters).

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the N in the police station;

1. The phone number of staff in charge of licensed real estate agents for investigation reports;