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(영문) 의정부지방법원 2015.02.06 2014고단3316

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

A shall be punished by a fine of KRW 15,000,00, and by a fine of KRW 1,500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendant is the owner of land: E 1,369 square meters, F 331 square meters, G 122 square meters, H 99 square meters, and I 465 square meters, in the Namyang-si, the Gyeonggi-do, which is a development-restricted zone.

Any act of constructing buildings and altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling up articles, or performing an urban/Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act shall not be performed within a development-restricted area without obtaining permission from the competent authority for development activities.

Nevertheless, around March 2014, the Defendant extended a steel-frame structure equivalent to 39.50 square meters between 363.71 square meters and 300 square meters in a ostrine farm, which is a facility related to animals and plants already constructed in the above place without obtaining permission for development activities from the competent authority in Nam-si, Gyeonggi-si, which is a development-restricted zone, and extended the above building to a steel-frame structure, and extended the area equivalent to 703.51 square meters in the above 2-dong underground.

B. On April 18, 2014, the Defendant changed the purpose of use by leasing a deposit of KRW 100 million and monthly rent of KRW 100 million to the Defendant B for the purpose of the clothing sales place, on condition that he/she is paid a deposit of KRW 100 million and monthly rent of KRW 100,000,000, which was already constructed at the said place without obtaining development permission from the competent authority in Nam-si, Gyeonggi-si, which is a development-restricted zone.

C. In addition, around May 2014, the Defendant extended a warehouse equivalent to 24m2 to the Gyeongyang-si, Nam-si, Gyeonggi-do, E, and H, which is a development-restricted area, without obtaining permission from the competent authority, to engage in development activities. A place of business equivalent to 135m2 to the 135m2 square meters in a steel-frame, a railroad room equivalent to 96m2 in a light-frame, a dumping room equivalent to 12m2 in a steel structure, and a dump equivalent to 66m2 in a wood structure, respectively.

In addition, around May 2014, the Defendant packages a total of 1,265 square meters of drugs as a container without obtaining permission from the competent authorities in the Namyang-si, Gyeonggi-do, and J, which is a development-restricted zone, for the use of the parking lot.