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(영문) 서울남부지방법원 2015.12.17 2015고단3639
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendants shall be punished by imprisonment for four months.

However, the execution of each of the above penalties for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant

B is a person who rents each land of Gangseo-gu Seoul Metropolitan Government D, E, and F located in a development restriction zone; Defendant A was a person who leased the said land from Defendant B; Defendant B was a person who leased the said land; Defendant B was a Gangseo-gu Seoul Metropolitan Government D land; Defendant B, the Gangseo-gu Seoul Metropolitan Government E, and F were permitted by the competent authority to allow goods (containers) to be loaded on each ground.

However, no one shall construct a building, alter the purpose of use, install a structure, store goods, etc. for profit in a development restriction zone in violation of the permission of the competent authority.

Nevertheless, from December 27, 201 to April 20, 2015, Defendant B knew that Defendant A would engage in a container leasing business in violation of the terms of permission in the Gangseo-gu Seoul Metropolitan Government D, E, and F land, which is a development restriction zone, and subleted the said land to Defendant A. Defendant A while operating a mutually container leasing company with 166 containers installed from the said land during the said period, Defendant A used the said land as an auction storage after receiving rents from Seoul Central District Court, Seoul Southern District Court, Seoul Western District Court, Seoul Western District Court, etc.

Accordingly, the Defendants conspired to store goods in a development-restricted area in violation of the permission of the competent authority for profit-making purposes.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A H statement;

1. Omission of crimes, reports (illegalness of container within a development restriction zone), and permits to engage in activities within each development restriction zone;

1. Business registration certificate;

1. As to the Defendants’ assertion of each real estate lease agreement, land use consent, land lease agreement, and each order of sale contract, Defendant B is merely the sub-lease of the instant land to Co-Defendant A, and participate in container lease business.

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