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(영문) 의정부지방법원 2018.02.22 2018고정16

개발제한구역의지정및관리에관한특별조치법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The defendant is the owner of one Dong (a total floor area of 170.2 square meters) of animal and plant-related facilities constructed on the land and the above ground in Namyang-si, Namyang-si, which is a development restriction zone, and D is a person engaged in waste fiber recycling business.

No one shall construct a building, alter the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority in a zone subject to development restriction or in violation of details of permission granted by the competent authority.

1. On January 2013, the Defendant committed the joint crime of the Defendant and D, knowing that D used one unit of the C-ground building (170.2m2m2) as an original animal and plant-related facility in Namyang-si, Nam-si, which was originally permitted as the original animal and plant-related facility, as an original body and a waste fiber storage facility, and D used the building as an original body and a waste fiber storage with knowledge that D used it as an original animal and plant-related facility.

Accordingly, the defendant, in collusion with D, changed the use of a building in violation of the permission in the development restriction zone.

2. Defendant’s sole criminal conduct

A. On September 2014, the Defendant changed the form and quality of land by packaging concrete packaging on the land of 156 square meters in the place indicated in paragraph (1) without obtaining permission from the Namyang-ju market.

B. On May 2016, the Defendant extended a toilet of a size of 6 square meters in a light-weight board structure at the same place without obtaining permission from the Namyang-ju market.

Accordingly, the defendant changed the form and quality of land in the development restriction zone without permission and constructed a building.

Summary of Evidence

1. Statement by the defendant in court;

1. The current status of illegal acts in the development-restricted zone in the South-Nam-si, records of the preparation and statement of inspection of E, records of illegal acts in the development-restricted zone, records of investigation of illegal acts in the development-restricted zone, records of land register, register of general buildings, records of examination of

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Designation and management of areas where the selective development of punishment and corresponding legal provisions are restricted for facts constituting an offense;