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(영문) 수원지방법원 성남지원 2014.06.13 2013고단1951

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant

C Imprisonment with prison labor for six months, for four months, for four months, and for four months, for each of the defendants A.

except that this shall not apply.

Reasons

Punishment of the crime

No building, alteration of use, or installation of a structure shall be allowed within a development restriction zone without obtaining permission from the head of the competent Si/Gun/Gu under certain conditions.

1. The Defendants’ co-principal

A. On December 6, 2012, Defendant B and C leased the said building to Defendant B and C, while knowing that Defendant B and C want to operate a live fish store in the said building, the said building was leased to Defendant B and C with the knowledge that: (a) the 1,819 square meters and the 660 square meters of a general steel structure building located on the said G site located in the area of development restriction; and (b) the said building was leased to Defendant B and C with the knowledge that Defendant B and C want to operate a live fish store in the said building.

Defendant

B, around March 2013, C changed the purpose of the building into the active fish-sale place by installing water tanks in the above building designated as the village common ditch for the first neighborhood living facilities without permission of the lower-water market.

Accordingly, the Defendants conspired to change the purpose of the building in the development restriction zone.

B. On March 2013, Defendant B and C used a prefabricated-type panel without permission from the lower-nam market, thereby setting up 27 square meters in the above office in the above building, and Defendant A knew of this and allowed Defendant A to do so.

As a result, the Defendants conspired to extend the building in the development restriction zone.

2. Defendant B and C’s co-principal conduct

A. On April 3, 2013, Defendant B and C conspired to extend the building to the outside of the above building by making use of a prefabricated type board without permission from the lower-nam market and extending the toilet of 10 square meters to the outside of the building in the development-restricted zone.

B. On April 3, 2013, Defendant B and C conspired to construct a water tank room with a size equivalent to 119 square meters using steel and concrete on the said H’s land without permission from the lower-nam market, and installed structures in the development-restricted zone.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Lease contract;

1. Application of general building register, land cadastre, and statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;