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(영문) 의정부지방법원 2017.10.20 2017고단3114
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant is the owner of two Dongs, C 1,008 square meters, C 1,008 square meters, and D 80 square meters and 800 square meters, each of which is 246 square meters in a general steel structure and 1 story 246 square meters in a plant management facility on the above land in Namyang-si, Namyang-si.

1. No person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction shall install structures, construct buildings or alter the purpose of use in areas subject to development restriction without obtaining permission from the competent authority, or change the form and quality of land in such areas;

The Defendant did not obtain permission from the competent authority on January 2016, the area of the building, which was located in the development restriction zone, used two Dongs of general steel structure of 984 square meters and 246 square meters in the place of work of the factory at the time of the cable television voting, and changed the use of the building by using two Dongs of general steel structure of 246 square meters in the same and plant management facilities, among the two buildings of the above plant and plant management facilities, and installed a general steel structure in one Dong among the two buildings of the above plant and plant management facilities, and increased the total area of the building by installing a steel pipe structure in one Dong to increase the height of 2 meters, and increased the total area of 36 square meters by installing a light-weight structure in one Dong to increase the total area of 64 square meters. The Defendant constructed a light-weight structure among the above two Dongs, and constructed a new container in Category C with a 120 square meters increase by constructing a container on the ground, and changed the shape and quality of the land from Category B 130.

2. Any person who intends to divert farmland shall obtain permission from the Minister of Agriculture and Forestry for the diversion of the farmland, as prescribed by Presidential Decree.

The Defendant did not obtain permission from the competent authorities, and diverted farmland to three parcels, such as B, C, and D, in the Namyang-si, Seoul, and D, around January 2016 without obtaining permission as described in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Documents attached to statements;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes of the investigative report(s).

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