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(영문) 의정부지방법원 2017.09.21 2017고단2128
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 20,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

[2017 Highest 2128]

1. He/she shall not construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a development-restricted zone of Defendant A or in violation of any terms and conditions of permission;

Nevertheless, on April 2013, the Defendant cut out trees of 7,215 square meters of forest land, 728 square meters, 950 square meters of forest land, 5,270 square meters, among forest land, for profit-making purposes, and changed the form and quality of the land by cutting out mountain to a height of about 2 meters, using a bridge, and building a container office of 36 square meters on the ground, newly constructing a container of 12 square meters of land, newly constructing a container of 24 square meters of container, newly constructing a container of 3 square meters of container of 3 square meters of land, and lease it to F with a deposit of 40 million won, 3.5 million won per month, and changing the form and quality of a road of 270 square meters prior to Gu, Gu,ri-si, which is a development restriction zone.

After that, on November 2015, the Defendant changed the form and quality by piling up the stone at a height of 1 meter from the upper part of the above forest, which was cut from the upper part of the above forest, without permission of the competent administrative agency, at the lower part of 7,215 square meters of land E in Guri-si and the lower part of 270 square meters of H in Guri-si, Guri-si.

2. He/she shall not construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a development-restricted zone or in violation of any terms and conditions of permission;

Nevertheless, on December 2014 and around October 2015, the Defendant changed the form and quality of land by cutting off the land of 1,334 square meters without permission from the competent authority for the purpose of profit-making, and cutting the land of 870 square meters to one meter.

After that, the Defendant violated the permission of the competent authorities for the purpose of profit-making in the Guri-siJ, which is a zone subject to the restriction on development on around October 2016.

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