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(영문) 의정부지방법원 2018.03.29 2018고정266
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

B is a building owner who is the owner of a 740 square meters and D 198 square meters in Nam-si, Namyang-si, which is a development restriction zone, and constructed with a building permit for two seeds and seedlings cultivation farms, which are animal and plant-related facilities of the total floor area of 496.68 square meters in the above land around September 19, 2014.

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

B, without obtaining permission from the competent authority from December 10, 2015 to September 6, 2017, B used two Dongs (the total floor area of 496.68 square meters) of a building for the purpose of cultivating seedlings, which is an animal and plant-related facility, as a warehouse, on condition that he/she is aware of the fact that he/she uses two Dongs (the total floor area of 496.68 square meters) of a building for the purpose of cultivating seeds and seedlings, which is an animal and plant-related facility, as a warehouse, as a warehouse, and the Defendant used two Dongs of the seeds and seedlings that he/she leased from B from December 10, 2015 to September 6, 2017, as a warehouse.

Accordingly, the defendant, in collusion with B, changed the use of a building in a development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. A written accusation;

1. Application of Acts and subordinate statutes to the building ledger, land use planning resources, and current status photographs;

1. Article 32 subparagraph 1 of the Act on Designation and Management of Areas subject to Restrictions on the elective Development of Punishments, Article 32 subparagraph 1 of the same Act, the proviso to Article 12 subparagraph 1 of the same Act, Article 30 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are against the defendant when committing a crime, taking into account the period of the crime, the balance of the general punishment in the same and similar cases, and other circumstances before and after the instant crime, etc., and determine the punishment as set forth in the Disposition above.

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