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Defendant
A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 4,000,000.
The above fines are imposed by the Defendants.
Reasons
Punishment of the crime
Defendant
A is the owner of Hanam-si, the development restriction zone, and Defendant B is the owner of Hanam-si, and Defendant B is a person who, from January 1, 2012, operates a waste resources villa in the trade name, “E (the present F)”.
1. Defendant B
(a) Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction, such as unauthorized construction of buildings within a zone subject to development restriction, shall obtain permission from the competent authority;
Nevertheless, the Defendant, without obtaining permission from the competent authority on January 1, 2012, stored waste resources, such as plastics, in the said D 1,471 square meters. The Defendant each installed a steel tent establishment with a size of 81 square meters, a steel pipe structure establishment with a size of 25 square meters, and a container office with a size of 18 square meters.
(b) The head of a Si/Gun/Gu who fails to comply with a corrective order may take necessary measures, such as removal of buildings, where unauthorized construction, alteration to form and quality, etc. are discovered without permission from the competent authorities, and the person so ordered shall comply therewith.
Nevertheless, even if the Defendant received a corrective order on August 12, 2014 and July 3, 2015, to reinstate the same unlawful act as described in the above paragraph (a) from the subordinate market on two occasions, up to August 30, 2014; and up to July 30, 2015, the Defendant did not comply with the corrective order.
2. Defendant A
(a) Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. in an area subject to development restriction, such as unauthorized construction of buildings within a development restriction zone, shall obtain permission from the competent authority;
Nevertheless, on January 1, 2012, the Defendant, even though being aware that B around January 1, 2012, operated the waste resources villa and stored waste resources without permission, such as the statement of criminal facts No. 1, to build the workplace.