logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.03.22 2018고정254
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant obtained a building permit for one Dong on the land on August 17, 2009, which is an animal and plant facility related to the structure of a general steel-frame structure, from the owner of the building on or around March 27, 2013, which is the development restriction zone, and the Defendant is the owner of the building who used the building on or around March 27, 2013, and C is the representative director of the development restriction zone D and is engaged in the leisure part sales business.

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 in a zone subject to development restriction shall obtain permission from the competent authority.

1. The Defendant did not obtain permission of the Namyang-ju market, and on May 2013, the Defendant: (a) packaged the aggregate of the area of the land outside the said greenhouse with concrete packaging, which was 882.38 square meters in the area outside the said greenhouse; and (b) changed the form and quality of the land.

2. On October 1, 2013, from around July 21, 2017 to around July 21, 2017, the Defendant, despite being aware of the fact that he/she used a building (a total of 495 square meters) of a building permitted for the use of animal and plant-related facilities (house) as a warehouse and office, he/she leased a building to C with a deposit of KRW 40 million, a monthly rent of KRW 40 million, and a store for leisure appliances (area of 345 square meters) and an office (area of 150 square meters), and C used a building leased from A as above as a warehouse and office for leisure goods.

As a result, the defendant and C conspired to change the use of the building in the development restriction area without obtaining permission from the development restriction area.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A statement of investigation of offenses;

1. Application of Acts and subordinate statutes on the submission of additional data, certificate of all registered matters, building register, and lease contract;

1. Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Facts constituting an offense (an unauthorized change in the form and quality of land) and the proviso to Article 12(1) of the same Act;

arrow