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(영문) 수원지방법원 성남지원 2016.10.21 2016고단1810
개발제한구역의지정및관리에관한특별조치법위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

B The corporation is a corporation established for the purpose of selling thorium, etc. located in Songpa-gu Seoul Metropolitan Government, and the defendant A is the representative director of the above corporation.

1. Defendant A

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

Nevertheless, around October 2015, the Defendant used a building of 808 square meters used as a village common ditch, which is a neighborhood living facility, as a floor, as a warehouse, in the Hanam-si F, which is a development restriction zone, without obtaining permission from the competent authority.

(b) A person who constructs a building, alters the purpose of use, installs a structure, alters the form and quality of land, etc. within a development restriction zone without permission from the competent authorities, shall comply with an order issued by the competent authorities to suspend the relevant construction, or to remove, close, rebuild or relocate a building, structure, etc. or to take other necessary measures, if

Nevertheless, on December 28, 2015, the Defendant did not comply with the corrective order even though the Defendant received the corrective order to restore the same alteration of the purpose of use as described in paragraph 1(a) from the subordinate market to January 31, 2016.

2. Defendant B corporation

A. A, the representative director of the defendant, changed the use of a building without obtaining permission from the competent authority in the development restriction zone as referred to in Article 1(a).

B. A, the representative director of the defendant, was ordered to restore the defendant's business to its original state from the subordinate market, as set forth in paragraph 1-b, but failed to comply with the corrective order.

Summary of Evidence

1. Defendants’ partial statement

1. Statement of the accuser;

1. An investigation report (public official monetary reports, submission of materials, etc.);

1. Part of a certificate of registration, general building register, building status map, and building status;

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