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(영문) 의정부지방법원 2017.04.19 2016고단4840
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person operating “D” as a general restaurant located near C in the Namyang-si city.

1. Violation of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction (unauthorized development activities, etc.);

A. On April 2013, the Defendant: (a) extended a kitchen with a size of 11 square meters using a light-weight board in order to operate the said general restaurant at around 330 square meters; and (b) extended a kitchen and a warehouse with a size of 45 square meters using a steel tent.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities within the development restriction zone for profit-making purposes.

B. On December 2, 2015, the Defendant established a parking lot of 88 square meters of a road and a parking lot of 90 square meters of a size with 88 square meters of a size, using heavy equipment, such as a pokele, in order to operate the said general restaurant.

Accordingly, the Defendant changed the form and quality of land without obtaining permission from the competent authorities within the development restriction zone for profit-making purposes.

(c)

On April 2016, the Defendant: (a) installed a rest room of 18 square meters and a rest room of 41 square meters with a size of 18 square meters in a size, using a wooden tank, in order to operate the said general restaurant, at his/her discretion; and (b) created a pond of 350 square meters in a size.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities within the development restriction zone for profit-making purposes, and changed the form and quality of the land.

2. Around June 16, 2015, the Defendant violated the Act on Special Measures for the Determination and Management of Areas subject to Development Restriction (Non-compliance with a Si’s order) did not comply with a corrective order issued by the head of Sinyang-si, the head of Sin-si, to arbitrarily change the form and quality of 150 square meters in the above F, which is within the development restriction zone, into a parking lot, and to arbitrarily newly construct the 40 square meters and 28 square meters in the above I, which is within the development restriction zone, as a warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. The defendant;

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