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(영문) 의정부지방법원 2015.07.07 2014고단4501

개발제한구역의지정및관리에관한특별조치법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a sales store in the name of "E" in Namyang-si, B, C, and D.

In a development-restricted area, the construction or alteration of the purpose of use of buildings, installation of structures, change of the form and quality of land, deforestation of bamboo and trees, division of land, piling-up of articles, or an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act shall not be performed without obtaining permission from the competent authority, and where any violation is discovered, permission may be revoked, and corrective orders may be issued to the violator, etc. concerning the suspension of construction, or removal, closure, renovation or relocation of buildings, structures, etc., or other necessary measures

1. Nevertheless, notwithstanding the change of the use of a building, the Defendant changed the use to a sales store of the goods using the Obane, without obtaining permission from the competent authority, as the map manager, which is an animal and plant-related facility existing in the Namyang-si, Nam-si, which is a development restriction zone, from September 2, 201 to October 201, 201, equivalent to 460.16 square meters and 218 square meters.

2. Although the Defendant, on April 18, 2013, received “written corrective order within a development-restricted zone” from the Namyang City Mayor, the competent authority, for the restoration of the original state to the original state against the illegal act, such as the list of crimes in the attached Table, from the Namyang City Mayor, the Defendant, who failed to comply with the corrective order until May 18, 2013, the implementation period.

Accordingly, the Defendant changed the use of a building without permission to do so to the competent authority habitually for profit-making purposes, and did not comply with a corrective order issued by the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for investigation and a statement;

1. A document of imposition and notification of the charge for compelling compliance, and investigation of each violation;

1. On-site photographs;

1. The overall table of the building register, each general building register, each building status map and land cadastre;