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(영문) 수원지방법원 성남지원 2017.04.19 2016고단3644
개발제한구역의지정및관리에관한특별조치법위반등
Text

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

However, the execution of the above punishment 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 April 2016, the Defendant engaged in logistics storage business under the trade name of Gyeonggi-do D, E, “F,” which is a zone subject to development restriction for the early police officer, and stored 120 square meters of containers on 2,680 square meters without obtaining permission from the competent authority.

Accordingly, the defendant stored goods in the development restriction zone for profit-making purposes without obtaining permission from the competent authorities.

(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;

Nevertheless, on August 16, 2016, the Defendant issued a corrective order to reinstate an original form and quality change, etc., such as the entry of paragraph 1(a) from the subordinate market, by August 25, 2016, but failed to 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, the Defendant stored 120 containers on a 2,680 square meters of farmland outside the agriculture promotion area without obtaining permission from the competent authorities, in D, E, and in 2,680 square meters.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. A statement of investigation of offenses;

1. Current status photographs, summary ground plans, and satellite maps;

1. Contracts for the lease of real estate, registers of each land, certificates of land use plans, application of statutes for corrective orders;

1. Relevant provisions of the Act concerning facts constituting an offense;

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