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(영문) 의정부지방법원 2017.05.26 2017고단814
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A Imprisonment for four months, each of the defendants B and C shall be punished by a fine of two million won.

Defendant

B and C shall each be subject to the above fine.

Reasons

Punishment of the crime

1. He/she shall not construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to restrictions on the development of joint crimes by Defendant A and B or in violation of any terms and conditions of permission

Nevertheless, Defendant B, a development restriction zone, obtained permission as a greenhouse of 197.6m2 and a building that has been permitted as a greenhouse of 52m2 size in Nam-si, Namyang-si, which is a development restriction zone, is the lessee of the above building. Defendant A conspired with the lessor of the above building in collusion, and Defendant A changed the use of the warehouse (197m2) and the office (52m2) in violation of the permission for the purpose of profit-making around April 2015.

2. He/she shall not construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to restrictions on the development of joint crimes by Defendant A and C or in violation of any terms and conditions of permission

Nevertheless, Defendant C, a development restriction zone, is the lessee of a building that has been permitted as a greenhouse of 249.6 square meters in Namyang-si, Namyang-si, a development restriction zone, and Defendant A conspired with the lessor of the above building to change the purpose of use to a warehouse in violation of the permission for profit-making purpose on November 2015.

3. No one shall construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to restriction on the sole crime development of Defendant A or in violation of any terms and conditions of permission;

Nevertheless, the Defendant extended the office of the 53.3 square meters of the light-load panel structure in Nam-si, Nam-si, which is a development restriction zone in around September 2014, without permission from the competent authorities. The Defendant extended the 53.3 square meters of the light-weight board structure, extended the warehouse of the steel pipe structure of 28 square meters of the 28 square meters, and extended the toilet of the light-weight structure of 6 square meters.

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