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(영문) 의정부지방법원 2018.01.24 2017고단4901
개발제한구역의지정및관리에관한특별조치법위반
Text

1. Defendant A shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

On September 26, 2016, A was sentenced to a suspended sentence of 4 months for a violation of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction at the District Court for the District Court on April 5, 2016, and the judgment was finalized on October 5, 2016.

No one shall construct buildings, change their use, install structures, change the form and quality of land, etc. in a zone subject to development restriction without permission from the head of a Si/Gun/Gu.

Defendant

A is the owner of G, H land and ground buildings in South-gu, Gyeonggi-do, which is within the development restriction zone, and Defendant B is the lessee of H real estate.

1. Defendant A

A. On December 2015, the Defendant, without obtaining permission from the said G around the Republic of Korea, laid concrete on a site equivalent to 98 square meters of the Namyang City market, and altered the form and quality thereof.

B. On January 10, 2016, the Defendant extended one building of general steel-frame structure equivalent to 115 square meters, without obtaining permission, from the said G around January 10, 2016.

(c)

On January 2016, the Defendant: (a) leased an amount equivalent to 1,153.5 square meters, which was permitted as a first class neighborhood living facility, from the above G around the Namyang-ju market without obtaining permission from the Namyang-ju market; and (b) changed the purpose of the lease to the passenger car company and for use as a general warehouse.

(d)

On March 2016, the Defendant extended a general steel structure (non-foresting) with a size of 150 square meters, without obtaining permission from the Namyang-ju market.

E. On September 2016, the Defendant extended a general steel structure (1st floor, office), general steel structure (2nd floor, resting room), and general steel structure (2nd floor, 32 square meters in size) of 87 square meters in size, without obtaining permission from the Namyang-ju market, and changed the form and quality of a cement on land equivalent to 32 square meters in size.

2. On December 2, 2016, Defendant B installed a tree bar with a size of 12 square meters or less equivalent to 12 square meters or less in a container with a 55 square meters or less without obtaining permission from the Nam-ju market.

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