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(영문) 창원지방법원 2012.10.11 2012고단1055

개발제한구역의지정및관리에관한특별조치법위반등

Text

Defendant

A shall be punished by a fine of KRW 5,000,00 and by a fine of KRW 2,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

(a) A person who intends to install structures or change the form and quality of land in a development restriction zone in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones shall obtain permission from the Governor of Special Self-Govern

Nevertheless, on February 201, the Defendant changed the form and quality of aggregate by spreading aggregate in the area of 850 square meters of the above land without obtaining permission of the Kim Sea market, which is a competent administrative agency, even though the above land is farmland as a development restriction zone.

(b) To change the form and quality of land subject to restrictions under the National Land Planning and Utilization Act, permission from the Special Metropolitan City Mayor, Metropolitan City Mayors, or heads of Sis/Guns shall be obtained;

Nevertheless, on May 201, the Defendant changed the form and quality of aggregate by spreading aggregate in the area equivalent to 300 square meters of the above land without obtaining permission of the Kim Sea market, the competent authority, even though the above land is a Class 1 general residential area and Class 1 district unit planning zone under the National Land Planning and Utilization Act.

2. A person who intends to store goods in a development-restricted zone for Defendant B shall obtain permission from the Governor of a Special Self-Governing Province or the head of a Si/Gun

Nevertheless, on May 201, the Defendant stored the automobile parts exceeding 50 cubic meters for more than one month without obtaining permission from the head of the competent administrative agency, even though the above land is farmland as a development-restricted area.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. A complaint, a statement of accusation, a supplementary statement by an illegal act committed in a development restriction zone, a complaint against a illegal act in an urban area (E, F), and a supplementary statement;

1. The location map and a photo, a warning picture;