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(영문) 수원지방법원 성남지원 2017.02.24 2016고단3885
개발제한구역의지정및관리에관한특별조치법위반
Text

[Defendant A] Defendant A shall be punished by imprisonment with prison labor for six months

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

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;

Nevertheless, in order to raise profits by leasing the operating security deposit to a warehouse or to use it as a warehouse of "D" operated by the Defendant, the Defendant extended the general steel structure of 1 Dong (Operation) and 300 square meters of general steel structure of 29.18 square meters in each Dong and plant-related facilities into the board of teams without obtaining permission from the competent authorities. Before 1,190 square meters, the Defendant changed the form and quality of concrete using concrete as its cover before 1,190 square meters, and leased the operation security deposit to B in KRW 23 million and monthly rent in KRW 2.2 million, and B used the same as a warehouse for storing materials of the aforementioned "D."

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

(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 May 30, 2016, the Defendant issued a corrective order to reinstate the original state by June 25, 2016 with respect to the act, etc. of changing the form and quality as described in paragraph 1(a) from the subordinate market around the day of May 30, 2016, but did not comply with the corrective order.

2. A 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 in a zone where development is restricted by Defendant B shall obtain permission from the competent authority;

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