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(영문) 수원지방법원 성남지원 2017.01.19 2016고단3667
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of Acts of special measures concerning the designation and management of the area subject to development restriction;

(a) Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, on April 2015, the Defendant operated a general restaurant with the trade name “D” in the 4,056 square meters outside the Gyeonggi-si, Gyeonggi-do, where the development restriction zone was located, and constructed a steel pipe building of 173.25 square meters in the 4,056 square meters in the previous 4,056 square meters, without obtaining permission from the competent administrative agency. The Defendant constructed a steel pipe building of 173.25 square meters in the restaurant usage, a steel pipe building of 9.52 square meters in the 9.52 square meters in the 22.2 square meters in the 154 square meters in the 2015 square meters in the 154 square meters in the f.75 square meters in the warehouse usage, a steel pipe building of 6.75 square meters in the f.75 square meters in the warehouse, a container, and a prefabricated panel building of 12 square meters in

Accordingly, the Defendant changed the form and quality of land and constructed a building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

(b) Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authority, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authority orders such suspension;

Nevertheless, on August 16, 2016, the Defendant issued a corrective order to reinstate the original state by August 25, 2016 with respect to the act, etc. of changing the form and quality as described in paragraph 1(a) from the subordinate market, which is the same as that described in paragraph 1(a), but did not comply with the corrective order.

2. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, the Defendant, on April 2015, changes the form and quality of Bao on the 4,056 square meters in the previous 4,056 square meters, without obtaining permission from the competent authority, in E (former), F (former), G (former), and G (former), a farmland outside the agricultural promotion area, and a restaurant.

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