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(영문) 의정부지방법원 2017.04.13 2017고단670
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, store goods, or perform an urban or Gun planning project without obtaining permission from the competent authority or in violation of any terms and conditions of permission, within a zone subject to development restriction, for the purpose of profit-making;

Nevertheless, from March 2016 to April 201 of the same year, the Defendant installed a mushroom growing building with permission from the competent authority for the purpose of growing mushroom, and installed a mushroom growing building with the permission of the competent authority, and in violation of the above permission, used two warehouses (167.19 square meters, 164.08 square meters, respectively), toilets (3.9 square meters), toilets (32.45 square meters), exhibition halls (124.5 square meters), and exhibition halls (124.5 square meters), and changed the form and quality of the above building by using two warehouses (167.19 square meters, 164.00 square meters, 164.17 square meters in total for the purpose of leasing the said building to D as a warehouse or office building in violation of the above permission.

2. The defendant is not in compliance with the corrective order from around May 31, 2016 to the same year.

7. Until May 1, 200, the corrective order was not complied with even though the corrective order was issued to restore the above land and building owned by the Defendant to its original state twice from the old market.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written investigation of offenses, illegal status and photographs, and on-site photographs;

1. Table of the building ledger, general building ledger, certificate of all the registered matters, and land ledger;

1. A letter of official duty, written guidance, or written statement of business trip;

1. A detailed statement of advance notice of imposition of compulsory performance, demands for implementation of a corrective order, and calculation of compulsory performance;

1. Application of Acts and subordinate statutes on a real estate monthly rent contract;

1. Article 31(2)1 and Article 12(1) of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Specific Measures concerning Criminal Facts (in the area where development is restricted), Article 31(2)1 and Article 12(1) of the same Act;

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