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(영문) 창원지방법원 2013.11.28 2013고정1111
개발제한구역의지정및관리에관한특별조치법위반
Text

1. The defendant shall be punished by a fine of five million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant leased a site owned by C and D and operated a riding club with the trade name “E”, and C is the Defendant’s owner of two lots, including the Defendant’s mar Kimhae-si Fri Kim, 1,488 square meters and G 639 square meters, and D is the owner of 1,676 square meters prior to H.

Defendant,

A. A. Around May 25, 2012, by extending the existing stable (99 square meters) constructed in the Dong-si area without obtaining permission from the Kimhae-si F, a development-restricted zone, to a middle floor of 198 square meters, without obtaining permission from the Kimhae-si, which is a development-restricted zone, the total floor area of which is 198 square meters; the first floor is used for the education room and office of the outdoor sports facilities (e.g., riding track);

(b) A building with a panel structure of 35 square meters of floor area without obtaining permission from the Kimhae market at the same place as in the preceding paragraph, which is a development restriction zone, without permission, and continuously constructs a steel pipe structure of 97 square meters of floor area without permission, and uses it for storage and marina purposes;

C. F and H without obtaining permission from the Kimhae market on total three lots, such as F, G and H, which are temporary development restriction zones such as “A” in the preceding paragraph, without obtaining permission from the Kimhae market, and F and H without permission, shall be used as horse riding track by illegally constructing a building with iron pipe and tent in the total floor area of 200 square meters, including the volume of 140 square meters and the volume of 140 square meters in height, etc.;

(d) Transfer at the residence of the accused around August 24, 2012;

(a) through (c);

On December 12 of the same year, including the receipt of the notice of the corrective order for restoration from an illegal act in a development-restricted zone under the name of the Kimhae market, the corrective order was issued three times in total to restore to the original state in the name of the Kimhae market, but did not comply with it.

Summary of Evidence

1. Each police interrogation protocol against the accused, C, or D;

1. Statement of the police officer to I;

1. A public official;

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