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(영문) 수원지방법원 성남지원 2017.02.10 2016고단3629
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Violation of Acts of special measures concerning the designation and management of the area subject to development restriction;

(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 within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, on October 2015, the Defendant operated a general restaurant in B and 2 lots outside Gyeonggi-si, a Gyeonggi-do development restriction zone, with the trade name “C,” and without obtaining permission from the competent authority, laid down gravel on the forest land of 351 square meters, 516.34 square meters, and changed the form and quality using 59 square meters as a parking lot.

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

(b) Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authority, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authority orders such suspension;

(1) On December 29, 2015, the Defendant issued a corrective order to reinstate an act of changing the form and quality as described in paragraph 1(a) by January 10, 2016, but did not comply with the corrective order.

B. The Defendant, on August 16, 2016, issued a corrective order to reinstate the same form and quality as that stated in paragraph 1(a) by the lower-Naming market by August 25, 2016, but did not comply with the corrective order.

2. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, on October 2015, the Defendant used the same farmland outside the agricultural promotion area, which is located outside the agricultural promotion area, without obtaining permission from the competent authority, and used the gravel to 351 square meters.

In this respect.

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