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(영문) 수원지방법원 성남지원 2017.02.02 2016고단3023
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, fells bamboo and trees, divide land, store articles in a zone subject to special measures for the designation and management of a zone subject to development restriction, or any violation of the farmland Act, shall obtain permission from the competent authority, and a person who intends to divert farmland shall obtain permission from the head of the agricultural, forestry, and food department;

A. On May 2016, the Defendant changed the form and quality of a 1,157 square meters area into a general restaurant in order to operate a restaurant with the trade name “E” without obtaining permission from the competent authority in the Gyeonggi-si, which is farmland outside the interest promotion area for the development restriction zone for the Seocho-si, which is farmland outside the development restriction zone.

B. On May 2016, the Defendant changed the form and quality of the area of 485 square meters into a parking lot in order to operate a restaurant in the Gyeonggi-si, Gwangju-si, G (Field), and H (former), a farmland outside an agricultural promotion area for the interest of the Seocho Development Restriction Zone, without obtaining permission from the competent authorities.

Accordingly, the defendant changed the form and quality of land from farmland outside the agriculture promotion area for the interest of the development-restricted zone for profit-making purposes without obtaining permission from the competent authorities.

2. Any person who intends to operate a general restaurant business shall report to the competent authorities;

Nevertheless, from the beginning of May 2016 to August 5, 2016, the Defendant installed a steel tent for the main purpose as described in paragraph 1 in the Gyeonggi-si, Gwangju-si, and installed a tent for the main purpose as indicated in paragraph 1, and sold the cream pole (a total of 168 square meters), etc. to customers who found the place for business.

Accordingly, the defendant was engaged in general restaurant business without reporting to the competent authorities.

3. Any person who violates the River Act shall occupy and use land, occupy and use river facilities and structures in a river area;

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