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(영문) 의정부지방법원 2018.10.23 2018고단3574
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A Imprisonment for six months, the defendant B is punished by a fine of two million won, and the defendant C is punished by a fine of one million won.

Reasons

Punishment of the crime

No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, or perform an urban/Gun planning project without obtaining permission from the Special Self-Governing City Mayor, a Special Self-Governing Province or the head of a Si/Gun/Gu.

1. On May 2015, the Defendant, a single crime committed by Defendant A, constructed one dong (17 m27 m2), one container storage (27 m27 m2), two steel-frame storages (84 m2, 195 m2), one 8 m2, and one 8 m2 (8 m2), and one m2 (8 m2), and one m2, one m2, and one m3 m2, respectively, of a toilet in the Gu office in the Jung-gu, Nam-si, Gyeonggi-do, which is a zone subject to the development restriction of police officers. The Defendant changed the form and quality of land by using a concrete m2

Although the facts charged stated in the indictment that “the alteration of the form and quality of land and the diversion of farmland was made at the same time,” the name of the crime as stated in the indictment is only “violation of the Act on Special Measures for the Determination and Management of Development Restriction Areas” and the applicable law also contains only “Article 32 subparag. 1 and the proviso of Article 12(1) of the Act on Special Measures for the Designation and Management of Development Restriction Areas,” and there is only a statement that the accusation is filed as a violation of the Act on Special Measures for the Designation and Management of Development Restriction Areas. Therefore, it is obvious that the farmland diversion part in the facts charged is a clerical error.

2. Defendant A and Defendant B committed joint crimes are two animal and plant-related facilities (a seed distribution facility) located in Namyang-si, Gyeonggi-do (a development restriction zone) with permission from the Namyang-si, Gyeonggi-do, in which the development restriction zone is located, and Defendant A conspired with the lessor of the building at issue on October 6, 2016, to change the purpose of use as a clothing storage in violation of the terms of the permission from around October 15, 2016 to May 11, 2018.

3. Defendant C Co., Ltd., the head office of Jongno-gu Seoul Metropolitan Government F market Non-dong 3194, which is established for the purpose of manufacturing, manufacturing, wholesale, retail, etc. of fibers, and B is the above company.

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