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(영문) 의정부지방법원 2017.07.13 2017고정1042
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine for negligence in KRW 7,000,000 (locks only).

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant is the owner of two Dong and plant-related facilities (a graveyard) with a total floor area of 198 square meters and 165 square meters in the land and each on the ground in Namyang-si, Namyang-si, which is a development restriction zone.

C is the lessee of the above building.

Any person who intends to construct buildings, change the use thereof, change the form and quality of land, etc. in a zone subject to development restriction shall obtain permission from the competent authority.

1. On April 2015, the Defendant committed a single crime with the Defendant’s sole possession of the above land, used the same plant-related facilities (such as a seed nursery) with the total floor area of 198 square meters as a warehouse, extended a toilet of 4.86 square meters using the structure of a light-weight panel around May 2015, and used concrete on the land of 223 square meters.

As a result, the defendant did not obtain permission from the competent authorities to construct buildings, change the purpose of use, and change the form and quality of land.

2. On January 26, 2015, the Defendant and C leased the above facilities to C with knowledge that, without obtaining permission from the competent administrative agency, C, the said facilities were leased to C with a view to using them as a warehouse for the storage of clothes, with a view to having knowledge that the said facilities would be used as a storage of clothes, without obtaining permission from the competent administrative agency.

C leased the above facility and used it as a warehouse for clothing storage without the permission of the competent authorities.

As a result, the Defendants conspired to change the use of the building in the development restriction zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the accused public official, investigation reports on offenses, and field photographs;

1. Land register, building register, and land use planning committee;

1. Application of the statutes governing the monthly rent contract for warehouse;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Zones and Articles 12 Subparag. 1 and 12 of the Act on Special Measures for the Designation and Management of Development Zones for criminal facts (a comprehensive modification, etc. of the use of buildings of 198 square meters in total floor area);

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