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(영문) 의정부지방법원 2017.06.29 2017고정982
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000 (one million).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is two owners of Dong and plant-related facilities (house) with a total of 498 square meters of land B and C and the floor area on the ground in the Namyang-si, which is a development restriction zone.

D is a person who leases the above building from the defendant.

1. On May 20, 2016, the Defendant, without obtaining permission from the competent authority, reduced the said building to 198 square meters by using the steel pipe structure, and reduced the 6m2 square meters by using the light-weight panel structure. On July 20, 2016, the Defendant packaged concrete packaging at approximately 60m2 of the above land.

As a result, the defendant did not obtain permission from the competent authorities to build buildings and change the form and quality of land.

2. On September 9, 2016, the Defendant leased two above buildings to D and leased two buildings to D with the knowledge that D would use the building as a hydrosium manufacturing factory without obtaining permission from the competent authorities. In short, on September 9, 2016, KRW 38 million and KRW 3.8 million in monthly rent.

D has leased the two above buildings and used them as a hydrosium manufacturing factory without obtaining permission from the competent authorities.

As a result, the Defendants conspired to change the use of the building in the 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 examination of suspects of D;

1. A written accusation, written statement, report on the results of a business trip, investigation report on offenses, and current status photograph;

1. A land ledger, a land use plan, a general building ledger, and a current status map of buildings;

1. Application of Acts and subordinate statutes of lease agreement;

1. Article 32 Subparag. 1 of the Act on Special Measures for the Designation and Management of Each Development Zone and the Selection of Punishment; Article 12 Subparag. 1 of the Act on Special Measures for the Designation and Management of Development Zones (the occupation of an unauthorized building and the occupation of an unauthorized building and alteration to the form and quality of land without permission); Articles 32 Subparag. 1 and 12(1) of the Act on Special Measures for the Designation and Management of Development Zones; Article 30 of the Criminal Act; the selection of fines;

1. Aggravation concurrent crimes;

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