beta
(영문) 수원지방법원 성남지원 2017.01.11 2016고단3530

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine of KRW 12 million, and Defendant B shall be punished by a fine of KRW 6 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

(a) 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, on November 2015, the Defendant, without permission from the competent authorities, changed the entire total floor area of 847.6 square meters to the assembly-type panel, extended the height of steel frame into 2 meters, and changed the form and quality of concrete into 1,682 square meters on the previous 1,682 square meters.

Accordingly, the defendant extended a building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes, and changed the form and quality of the land.

(b) 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 authority, 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 authority orders such suspension;

Nevertheless, on July 8, 2016, the Defendant issued a corrective order to reinstate an act of changing the form and quality as described in paragraph 1(a) from the subordinate market around 2016 to August 5, 2016, but did not comply with the corrective order.

2. Defendant B

(a) 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, on January 22, 2016, in order to keep goods sold by the Defendant in online retail business with the trade name “D” in the Hanam-si, Gyeonggi-do, which is a development restriction zone, the Defendant deposits three Dongs with a total floor area of 847.6 square meters on the said land from A.