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(영문) 의정부지방법원 2017.01.26 2016고정2348
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A 16 million won, Defendant B 1.5 million won, Defendant C 1.2 million won, and Defendant C 12 million won.

Reasons

Punishment of the crime

Any person shall obtain permission from the head of a Si/Gun/Gu to construct buildings, change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a zone subject to development restriction for profit-making purposes.

1. Joint crimes committed by Defendant A and Defendant C

A. On July 6, 2016, Defendant A, around July 6, 2016, leased three buildings of an area equivalent to 246 square meters in size and one building equivalent to 297 square meters in size constructed with permission from Nam-si, Nam-si, E and F, which are an area subject to development restriction, as animal and plant-related facilities. Defendant C knowingly leased three buildings of an area equivalent to 246 square meters in size and one building equivalent to 297 square meters in size as a storage for infant goods. Defendant C changed the use of the building in the area subject to development restriction by leasing four warehouses in the above four warehouses.

B. On August 30, 2016, Defendant A, who committed a crime around August 30, 2016, leased one building of an area equivalent to 246 square meters of a building constructed with permission from the above F, which is a zone subject to development restriction, as an animal and plant-related facility, without permission from the competent authority, with the knowledge that Defendant C would use the building as a storage for infant goods. Defendant C leased one warehouse of the above warehouse and used it as a storage for infant goods, thereby changing the use of the building in the development restriction zone.

2. On June 27, 2016, Defendant A and Defendant B leased one building of a size equivalent to 98.4 square meters of the area constructed with permission for storage of agricultural products from the above G, which is a development restriction zone, as an agricultural product warehouse, to Defendant B, without permission of the competent authority, and Defendant B leased one warehouse of the above warehouse and changed the use of the building in the development restriction zone as a machinery storage warehouse.

3. On August 2016, Defendant A newly constructs one warehouse equivalent to 297 square meters in size using steel pipes in the above H, which is a development restriction zone without obtaining permission from the competent authority, and is located in the above E.

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