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(영문) 의정부지방법원 2017.12.07 2017고정1904
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

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 without obtaining permission.

Nevertheless, around December 2014, C, D, and E (D’s spouse) obtained permission as a animal and plant-related facility located in Yangyang-si, Seoul-si, the development restriction zone of which is the owner of C and E, in violation of the permission details, two Dongs (each 247.2 square meters), and changed the surface of a wall and a tent into a warehouse for commercial purposes by using a light-line panel for the purpose of profit-making, and extended the toilet (6 square meters) for commercial purposes by using a light-weight panel without permission of the competent administrative agency. From around 15, 2015, the Defendant leased the above rent from around 200,500 to 41.5,50,000 on condition that he leased the above 70 square meters to a building site without permission of the competent administrative agency.

Accordingly, the defendant, in collusion with C, D, and E, changed the use of a building without permission from the competent authorities for profit-making purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement made by the police prepared by the police against the defendant, a written statement made by the police prepared by the police against the defendant, J, K, or L, a written statement made by the police prepared by the police against C, E, or M, a written protocol prepared by the police to interrogate the suspect (including a substitute) and a written statement of a written plan for land use;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Special Measures for Criminal Facts, the proviso to Article 12(1), Article 30 of the Criminal Act, and the selection of fines;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

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