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(영문) 의정부지방법원 2017.05.25 2017고정584
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

B is the lessee of the building C and D in South Korea, and E is the lessee of the building D in South Korea.

The defendant is the owner of C, D land and building in South Korea, and is the lessor of the above person.

1. No one shall construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles within a development restriction zone;

① Nevertheless, on April 2015, the Defendant violated the restriction on activities by leasing one animal and plant-related facility (house) with a limited use of 160 square meters of 160 square meters, which is a zone subject to the restriction on development, to B and allowing it to change the purpose of use as a warehouse for the vehicle.

② On August 2014, the Defendant violated the restriction on activities by leasing one animal and plant-related facility of a size of 336 square meters with a limited use of 336 square meters, which was a zone subject to the restriction on development, to Defendant E and allowing the change of use to a warehouse for the storage of a day.

2. In cases where farmland is used for the purpose of diversion of farmland or used land for other purposes through the permission or consultation procedure for diversion of farmland in violation of the farmland Act, the defendant obtained approval from the competent authorities, but the defendant used animal and plant-related facilities, which are facilities for the purpose of diversion of farmland, as above, as warehouse, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B or E prepared by the police;

1. The accusation book, current status photograph, land register, and general building register;

1. Application of an inquiry letter, such as criminal history, investigation report (report on confirmation of the fact that a punishment has already been already imposed on part of the same records of the suspect and the suspected facts of the case);

1. Article 32 subparag. 1 and Article 12 subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on Development under the relevant law concerning criminal facts, the Criminal Act.

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