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(영문) 창원지방법원 2013.12.06 2013고단2493
개발제한구역의지정및관리에관한특별조치법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant, who is a development restriction zone, is the owner of Kimhae-si C (A), D (A), E (T), F (T), G (P), H (P) and I (T).

1. Where it is intended to construct or alter the purpose of use of a building, install a structure, etc. in a development restriction zone violating the Act on Special Measures for Designation and Management of Development Restriction Zones due to non-permission changes, etc

A. On November 2012, the Defendant used composts (170.45 square meters) and agricultural warehouses (396.9 square meters) located in Kimhae-si, Kimhae-si as a general warehouse for the selection of recycled sort of goods, and used stables (244.8 square meters) as a logistics warehouse for the purpose of use without permission from the competent authority.

B. Around November 2012, the Defendant used the seeds located in Kimhae-si D as a manufacturing establishment (262.8 square meters) and changed the purpose of use without permission from the competent authority.

C. Around November 2012, the Defendant: (a) made an assembly-type panel structure (80 square meters) in Kimhae-si, E, F, and G; (b) used a warehouse and a rice drying house for the purpose of construction; and (c) constructed a building without the permission of the competent authority.

On November 2012, the Defendant created an assembly-type panel structure (30 square meters) in G and H in Kimhae-si, Kimhae-si, and constructed a building without permission from the competent authority.

E. Around November 2012, the Defendant: (a) laid up two containers at Kimhae-si I; and (b) installed a structure without permission from the competent authority by using containers for the purpose of storage and storage of goods; and (c) installed the structure without permission from the competent authority.

2. Violation of the Act on Special Measures for Designation and Management of Restricted Areas due to nonperformance;

A. On January 7, 2013, the Defendant received a written notification of corrective order under the name of the Kimhae market to restore the same illegal alteration, etc. as the preceding paragraph from the office of the Defendant located in Kimhae-siJ by January 31, 2013, and did not comply with the said order.

B. On February 4, 2013, the Defendant issued a corrective order under the name of the Kim Sea Market to the effect that, by February 12, 2013, the Defendant’s act of unlawful alteration, etc., such as the preceding paragraph, should be restored to the original state.

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