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(영문) 수원지방법원 성남지원 2016.09.21 2016고단1983
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of five million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A

(a) 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;

(1) On November 2015, the Defendant changed the form and quality of 666.37 square meters prior to the Plaintiff’s establishment as a gympto, without obtaining permission from the competent authority, and installed a container of 18 square meters in a gypto for the use of the office.

The Defendant changed the form and quality of 2,540 square meters of forest land as a gympary site, without obtaining permission from the competent authority, in Hanam-si, which is a development restriction zone around November 2015.

(b) 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 authority, 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 authority orders such suspension;

Nevertheless, on March 30, 2016, the Defendant issued a corrective order to reinstate the original state by April 20, 2016 with respect to the act, etc. of changing the form and quality as described in paragraph 1(a) from the subordinate market. However, the Defendant did not comply with the corrective order.

2. Where the competent authority orders the suspension of construction, or removal, closure, reconstruction or relocation of buildings, structures, structures, etc., or other necessary measures with respect to a parcel of land, the owner of land, the alteration of the form and quality of which has occurred within a development restriction zone without obtaining permission from the competent authority under Defendant B, shall comply therewith;

Nevertheless, on March 25, 2016, the Defendant issued a corrective order to reinstate the original state by April 20, 2016 with respect to the act, etc. of changing the form and quality as described in paragraph 1(a) from the subordinate market, which is the same as that stated in paragraph 1(a), but did not comply with the corrective order.

Summary of Evidence

1. Defendants’ each.

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