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(영문) 수원지방법원 성남지원 2017.02.22 2016고단3652
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 15 million won, respectively.

except that this judgment.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. is a corporation established for the purpose of crushing aggregate located in D, Namnam-si, and the defendant A is the representative director of the above corporation.

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, the Defendant, on May 2016, set up approximately 1,50 cubic meters of 3,686 cubic meters in the area of 3,686 cubic meters without obtaining permission from the competent administrative agency, when operating the land B and operating the aggregate extraction business.

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 restore the sand sponsing act, such as the entry of paragraph 1 in paragraph (a) by August 16, 2016, to the original state by August 25, 2016, but did not comply with the corrective order.

2. Defendant B

A. A, the representative director of the defendant, has stockpiled articles without obtaining permission from the competent authorities in the area where development was restricted for the purpose of profit-making with respect to the defendant's business, as set forth in paragraph 1(a).

B. A, the representative director of the defendant, was ordered by the competent authority to restore the defendant's business to its original state as set forth in Section 1-B, but failed to comply with the corrective order.

Summary of Evidence

1. Defendant A’s legal statement

1. A statement of investigation of offenses;

1. Current status photographs;

1.Each.

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