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(영문) 의정부지방법원 2017.08.23 2017고단1713
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2017 Highest 1713]

1. No person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction shall construct buildings, change the use thereof, install structures, change the form and quality of land, etc. in an area subject to development restriction without permission from the head of a Si/Gun/Gu;

Nevertheless, from January 2014 to April 14, 2017, the Defendant changed the purpose of use into D’s temporary restaurant with the trade name “D” for profit-making purposes, unlike the content of permission, in South-si, Nam-si, which is a development restriction zone, to which the Defendant obtained permission from the competent authority as an animal and plant-related facility of the size of 1,109,55 square meters.

2. Any person who intends to operate a resting restaurant business in violation of the Food Sanitation Act shall file a report with the competent authority;

Nevertheless, the Defendant, at the time and place specified in paragraph 1, did not report to the competent authorities, and provided approximately 40 malle of 1,109.55 m2, as described in paragraph 1, with coffee machines, kitchen instruments, and the table, and sold to the general public approximately KRW 1,00,000 per day an average of the total number of customers.

[204] When the purpose of a building is altered, extended, changed the form and quality of a building, or installed a structure within the development restriction zone, permission from the competent administrative agency should be obtained.

1. The Defendant did not obtain permission from the competent authority, and installed a stone shed on March 2016, in Nam-si, Nam-si, the area of 170 square meters in the area of 170 square meters and the form and quality of the land, and installed a stone shed in the area of 9 square meters in the area of 9 square meters and 20 square meters in the area of 20 square meters.

2. On March 2017, the Defendant did not obtain permission from the competent authorities, and changed the form and quality of land by putting the floor of the area of 48 square meters in concrete with the area of 48 square meters in Nam-si, which is a landscape restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. Each accusation, statement, or statement;

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