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(영문) 수원지방법원 성남지원 2017.05.23 2016고단3480
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A Imprisonment with prison labor for six months, Defendant B shall be punished by a fine of three thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

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

Nevertheless, on May 2015, the Defendant changed the form and quality of concrete in the aggregate (a total floor area of 790.17 square meters) of each floor (a total floor area of 305.91 square meters in the main building, 248.64 square meters in the main building, 35.62 square meters in the main building) of the general steel structure building with permission from the competent authority in order to use it as a warehouse of the Hanam-si Co., Ltd., a clothing company operated by the Defendant in the area of development restriction. The Defendant newly constructed a prefabricated-type prefabricated-type panel with walls and a roof as a warehouse (a total floor area of 790.17 square meters in the aggregate), and newly built a 15 square meters in the total floor area (a total floor area of 790.17 square meters in the main building), and newly built a 15 square meters in the storage for two stories (a total floor area of 790.17 square meters in the warehouse).

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

(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 authorities, shall comply with an order issued by the competent authorities to suspend construction, or to remove, close, rebuild or relocate buildings, structures, etc. or to take other necessary measures with regard to such order,

Nevertheless, the Defendant, on May 9, 2016, issued a corrective order to reinstate the original state by not later than May 31, 2016, with respect to the alteration of the use of the main building No. 1 and No. 305,91 square meters of the main building as indicated in the main port No. 1 and No. 2 of the main building No. 2 and the main building No. 2 of the same Article, but did not comply with the corrective order.

2. Within the development restriction zone without obtaining permission from the competent authorities under Defendant B.

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