logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.09.21 2017고단3370
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The defendant is the owner of one Dong (a total floor area of 354 square meters) which has been permitted as a facility related to the land located in Guri-si B and animals and plants constructed on the above land, which is a development restriction zone.

No act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up goods, etc. shall be allowed in a zone subject to development restriction.

Provided, That where constructing buildings or installing structures prescribed by Presidential Decree and changing the form and quality of land is conducted for the residential, living convenience and livelihood of residents of a development-restricted zone, permission from the head of a Si/Gun/Gu shall be obtained.

Nevertheless, on September 2016, the Defendant changed the form and quality of a toilet with a size of about 15 square meters in a general steel-frame structure using a light panel in the greenhouse, which is a development restriction zone, for commercial purposes to store materials of steel products sellers operated by the Defendant, without permission from the competent authorities, and for the purpose of using it as a warehouse, etc., the Defendant changed the use of a toilet with a size of about 132 square meters in a traditional steel structure inside the greenhouse room, and changed the greenhouse room by using it as a warehouse for the sale of steel products in violation of the contents of permission.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A statement of investigation of offenses;

1. Corrective orders and orders for restoration from the original state to the original state, letter of business trip, advance notice of the imposition of compulsory performance, and request for the implementation of corrective orders for the illegal acts of a development restriction zone;

1. Registers of general buildings, land registers, and farmland registers;

1. Application of statutes on business plans;

1. Article 31(2)1 and the proviso to Article 12(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development of Relevant Article 31(2)1 and the selection of fines concerning facts constituting an offense;

1. The Criminal Act to attract a workhouse;

arrow