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(영문) 서울동부지방법원 2015.07.15 2015고단733
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A, B, E, and F are subject to each fine of KRW 7,00,000, Defendant C, and K are subject to each fine of KRW 5,00,000,00, Defendant D, and G.

Reasons

Punishment of the crime

No person shall construct a building, alter the purpose of use, install a structure, stockpile goods, etc. in a development restriction zone in violation of the details of permission for profit-making purposes.

1. The Defendants A, B, and C leased land within the development-restricted zone and, after loading containers, set up a warehouse business to operate the warehouse business by storing goods therein, with Defendant B’s wife N as the representative director. Defendants A and C are directors of Co., Ltd. and auditors of Co., Ltd. Co., Ltd. and Defendant B are auditors of Co., Ltd.

On February 15, 2012, the Defendants leased KRW 50,000,000 to KRW 3.8 million in Seoul, Gangdong-gu, Seoul, a land within a development-restricted area where P was permitted to engage in an act for piling up containers at the competent authority, and the Defendants carried out warehouse business by using containers 13, 13, 1, 1, 1, and 1,000,000 won for each container from February 12, 2012 to November 12, 2014, and by using two employees, they carried out storage business by collecting usage fees of KRW 15-2,000 per month for each container.

Accordingly, the Defendants conspired to build a temporary building in violation of the contents of permission in a development restriction zone for profit.

2. Defendant D is a person who carries out warehouse business, etc. with the trade name “R”.

On January 30, 2012, the Defendant leased 2 lots (U,V, W) outside the Gangdong-gu Seoul Metropolitan Government (U,V, and 5,500,000 won per month from February 2, 2012 to November 12, 2014, the Defendant used 300 containers, two fork, and two offices, and one employee was employed, and carried out storage business by receiving 15-2,50,000 won per month usage fee for each container and receiving 15-250,000 won per month usage fee.

Accordingly, the defendant violates the contents of permission in a development restriction zone for profit.

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