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(영문) 수원지방법원 성남지원 2016.09.23 2016고단1710
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

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;

A. On December 2, 2015, the Defendant changed the form and quality of stone to 833 square meters of forest land without obtaining permission from the competent authority.

B. On January 2016, the Defendant installed a container of 18 square meters for the purpose of an office without obtaining permission from the competent authority, at the place indicated in paragraph (a) of Article 1, which is a border development restriction zone.

(c)

On January 2016, the Defendant installed a container of 12 square meters in a warehouse without obtaining permission from the competent authority, at the place specified in paragraph (a) of Article 1, which is a zone subject to the restriction on development of the border area.

(d)

On January 2016, the Defendant, at the place indicated in the paragraph (a) of No. 1, which is a zone subject to the restriction of light development, installed a 15 square meter of concrete with 15 square meters without obtaining permission from the competent authority.

E. On January 2016, the Defendant newly built a steel-frame of 128 square meters for warehouse use at the places indicated in paragraph (a) of Article 1, which is a zone subject to the restriction on development in light of the border, without obtaining permission from the competent authority.

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;

A. On February 2, 2016, the Defendant issued a corrective order to reinstate an original form and quality change, etc. as described in paragraph 1-A, (b), and (d) from the subordinate market by February 29, 2016, but did not comply with the corrective order.

B. On March 7, 2016, the Defendant issued a corrective order to reinstate the original state by April 1, 2016, with regard to the act of changing the form and quality as described in paragraph 1 from the subordinate market.

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