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(영문) 의정부지방법원 2017.06.01 2017고단1601

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. without obtaining permission within a zone subject to restriction on joint crimes with D or in violation of any terms and conditions of permission;

Nevertheless, the Defendant is the owner of a building permitted as an animal and plant facility with a size of 250 square meters located in Nam-si, Namyang-si, which is a development restriction zone. From August 19, 2016 to February 16, 2017, the above building was leased to D as a logistics warehouse with a deposit of KRW 14 million and monthly rent of KRW 14 million, and D used the above building as a logistics warehouse.

Accordingly, the defendant conspired with D to change the use of the building for profit.

2. He/she shall not construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone where permission is restricted for joint crimes with F or in violation of any terms and conditions of permission;

Nevertheless, the Defendant is the owner of a building permitted as an animal and plant facility with a size of 246 square meters located in Nam-si, Namyang-si, which is a development restriction zone. From May 20, 2016 to February 16, 2017, the above building was leased to F as a logistics warehouse with a deposit of KRW 14 million and monthly rent of KRW 1.3 million, and F used the above building as a logistics warehouse.

Accordingly, the defendant conspireds with F and changed the use of the above building for profit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against F or D;

1. Statement made by G and H;

1. A written accusation, a report on results of a business trip, an investigation report on offenses, and current status photograph;

1. Abstract, such as the resident registration card, general building register, certificate of all registered matters, and land register;

1. Application of the statutes governing the monthly rent contract for warehouse and the lease contract for real estate;

1. Criminal facts;