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(영문) 의정부지방법원 2015.04.16 2015고정456
개발제한구역의지정및관리에관한특별조치법위반
Text

1. Defendant A shall be punished by a fine of three million won, and Defendant B shall be punished by a fine of one million won.

2. Defendants each of the above facts.

Reasons

Criminal facts

No one shall construct a building, change the purpose of use, change the form and quality of land, etc. in a development restriction zone without permission from the competent authority.

1. Nevertheless, on March 31, 2014, the Defendant, without obtaining permission from the Guri market, performed the 330 square meters of the Guri-si 660 square meters of the Guri-si 660 square meters and changed the form and quality of the land with miscellaneous stone as a boom, and on May 2, 2014, leased 330 square meters of the Guri-si C animal and plant-related facilities (a seed cultivation facilities) to B to use it as a warehouse, thereby changing the use of the building.

2. On May 2, 2014, Defendant B leased 330 square meters of facilities related to C fauna and flora (a seed cultivation facility) from A to change the purpose of the building by using it as a fruit warehouse.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. A statement of investigation of offenses;

1. Application of Acts and subordinate statutes on a lease contract;

1. Subparagraph 1 of Article 32 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development under the relevant Acts concerning facts constituting an offense;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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