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(영문) 의정부지방법원 2017.06.09 2017고단1368
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four 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. The defendant's sole criminal conduct;

(a) No one shall construct a building, alter the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. without permission within a zone subject to restriction on development of an extension without permission or in violation of any terms and conditions of permission;

Nevertheless, on August 31, 2015, the Defendant distributed a total of 380 square meters in Nam-si, Nam-si, which is a development restriction zone, as concrete and added a total of 380 square meters in size to land for the purpose of profit-making in order to conduct rental business, and changed the form and quality of land by converting it into land, and extended the building of the rest-si, Namyang-si, which is a development restriction zone.

(b) No one shall construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. without obtaining permission within a zone subject to restrictions on the development of unauthorized use, or in violation of any terms and conditions of permission

Nevertheless, on July 16, 2016, the Defendant leased a building that was permitted as an animal and plant-related facility of a size of 246 square meters located in D in Nam-si, Namyang-si, a development restriction zone for profit-making purposes, to E and leased it to E as a storage of lighting fixtures and changed its use in violation of the terms of permission.

2. He/she shall not construct a building, change the use of a building, install a structure, change the form and quality of land, fell bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone where permission is restricted for joint crimes with F or in violation of any terms and conditions of permission;

Nevertheless, the defendant is the owner of a building permitted to be a warehouse facility (agricultural product storage store) of 9 square meters located in Namyang-si, Nam-si, which is a development restriction zone, and around October 20, 2015, the above building was leased to F as a warehouse for construction equipment, and F was leased the above building to F as a warehouse for construction equipment storage.

Accordingly, the defendant in collusion with F, for profit.

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