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(영문) 의정부지방법원 2017.07.13 2017고단1367
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. They shall not construct buildings, change the use of buildings, install structures, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. without obtaining permission from the district in which the sole crime development of defendants is restricted, or in violation of any terms and conditions of permission;

Nevertheless, on May 20, 2015, the Defendant changed the use of a building of 66 square meters of 7.2 square meters of a light board board, and extended the notification of 25 square meters to the above office, extended a toilet of 6 square meters of 7.2 square meters of a light board, and changed the form and quality of land by removing concrete of 515.8 square meters of a 515 square meters of a 515 square meters.

2. No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile goods, etc. without obtaining permission in a zone where the development of a joint crime with D is restricted, or in violation of any terms and conditions of permission.

Nevertheless, the defendant is the owner of a building permitted to be an animal and plant facility (house) with a size of 246 square meters located in Namyang-si, Nam-si, which is a development restriction zone, and around December 12, 2016, the above building was leased to D as a storage of building materials, and D used the building as a storage of building materials.

Accordingly, the defendant conspired with D to change the use of the building for profit.

3. No one shall 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 in a zone subject to restriction on development of joint crimes with E or in violation of any terms and conditions of permission.

Nevertheless, the defendant has obtained permission for animal and plant-related facilities of a size of 246 square meters located in Nam-si, Namyang-si, which is a development restriction zone.

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