A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. 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 within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, in order to lease a greenhouse room as a warehouse without obtaining permission from the competent authorities in the Hanam-si B(former), and C(former), which is a development restriction zone around April 2015, the Defendant: (a) extended the total floor area of the greenhouse room to 299.8m2 in the total floor area of 299.8m2; and (b) changed the plastic acid into the board; and (c) changed the use of concrete to 1,767m2 in the previous 1,767m2.

Accordingly, the defendant changed the use of the building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes, and changed the form and quality of the land.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on June 13, 2016, the Defendant issued a corrective order to reinstate an original state from July 8, 2016 with regard to the act of changing the form and quality as described in paragraph (1) from the subordinate market, but did not comply with the corrective order.

Summary of Evidence

1. Statement by the defendant in court;

1. An accusation, a written investigation of offenses, and a corrective order;

1. Confirmation of land use plan and the register of general structures;

1. Application of Acts and subordinate statutes governing status photographs;

1. Relevant Article 31(2)1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment, Article 31(2)1 of the same Act, the proviso to Article 12(1) (referring to changing the form and quality of for-profit purposes within an unauthorized development restriction zone), Article 32 Subparag. 2 of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and Article 30(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, respectively.