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(영문) 의정부지방법원 2017.09.05 2017고단2384
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. The Defendant’s sole crime was committed on April 29, 2016 by obtaining a building permit for two greenhouses, which are animal and plant-related facilities, in the land in Gyeonggi-si, which is owned by the Defendant, and in the general steel structure, etc., from the land in Gyeonggi-si, which is owned by the Defendant, and obtained approval for the use of the said building on October 6, 2016.

No act of constructing buildings, altering the purpose of use, installing structures, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up goods, etc. shall be allowed in a zone subject to development restriction.

A. On October 2016, the Defendant changed the form and quality of the land by packaging concrete land of approximately 995 square meters without permission from the competent authority, in the Gyeonggi-ri City, which is a development restriction zone for a police officer on October 2016, 2016.

B. On November 2016, 2016, the Defendant: (a) constructed a toilet of a size of at least 3 square meters with a general steel structure using a light panel on the outer wall of a greenhouse room without permission from the competent authority, in Gyeonggi-ri, which is a development restriction zone for a patrolman; and (b) constructed a toilet of a size of at least 3 square meters on the outer wall of the greenhouse room without permission from the competent authority

2. On October 2016, the Defendant committed a joint crime with C: (a) in Gyeonggi-si, Gyeonggi-do, a development restriction zone, the Defendant: (b) removed transparent plastics installed on the roof and outer wall of 1 Dong (249.6 square meters); (c) changed the structure into a warehouse by installing a light-scale panel; and (d) around October 28, 2016, around 25 million won and monthly rent from around October 28, 2016 to October 27, 2018; and (c) C leased the same content to use it as an indoor axis class.

Accordingly, in collusion with C, the Defendant changed the use of a building in violation of the permission of the competent authorities for commercial purposes.

3. The Defendant, a joint crime with D, is located on the roof and outer wall of a greenhouse (249.6 square meters) constructed by obtaining permission from animal and plant-related facilities in Gyeonggi-si, which is a zone subject to development restriction around October 2016.

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