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(영문) 의정부지방법원 2017.09.13 2017고단3411
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

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.

Provided, That where constructing buildings or installing structures prescribed by Presidential Decree and changing the form and quality of land is conducted for the residential, living convenience and livelihood of residents of a development-restricted zone, permission from the head of a Si/Gun/Gu shall be obtained.

1. On September 2016, the Defendant solely committed the Defendant’s crime: (a) extended a warehouse of a size of 27.5 square meters by means of installing a roof and a wall using a light-weight panel between two Dongs (area 495 square meters) having been permitted as animal and plant-related facilities for the purpose of profit-making without permission from the competent authorities; (b) extended a toilet of a size of 8 square meters on the outer wall of the said greenhouse to a sunlight structure using a light-weight panel; and (c) changed the form and quality of land by packing concrete packaging a concrete package of a size of 490 square meters prior to the Gyeonggi-ri, Gyeonggi-do, which is a development restriction zone, and a size of 104 square meters prior to E, which is a development restriction zone.

2. The Defendant committed a joint crime with F, on December 15, 2016, indicated “F” in the bill of indictment on January 16, 2017, stating that “F is clearly written in writing (Evidence No. 99 pages) from January 15, 2019 to January 15, 201, the Defendant: (a) 1 Dong area of the animal and plant facility permitted to extend without permission, as described in paragraph 1, was removed from the roof and outer wall; (b) changed the size into a warehouse; and (c) 30 million won in deposit; (d) 2.2 million won in monthly rent; and (e) from January 15, 2019 to January 15, 2019; and (e) F is clearly written in writing (Evidence No. 99 to January 15, 2019; and (e) F is leased and used as an indoor camping class.

As a result, the Defendant conspired with F and changed the use of a building for profit in violation of the permission of the competent authorities.

3. The Defendant committed a joint crime with G around January 18, 2017.

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