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(영문) 의정부지방법원 2016.12.08 2016고정401
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A A A shall be punished by a fine of KRW 1.5 million, by a fine of KRW 2 million, and Defendant B shall be punished by a fine of KRW 2.5 million.

Reasons

Punishment of the crime

1. No defendant A shall construct a building, change the use of a building, install a structure, change the form and quality of land in a development restriction zone without permission from the head of a Si/Gun/Gu;

Nevertheless, on December 2, 2013, the Defendant installed one container equivalent to 18 square meters in Namyang-si, Namyang-si without permission of the Namyang-si market, and constructed one steel pipe structure equivalent to 42 square meters in May 2015.

Accordingly, the Defendant constructed a building and installed a structure in the development restriction zone without permission of the Southern-ju market.

2. No defendant C shall construct a building, change the use of a building, install a structure, change the form and quality of land in a development restriction zone without permission from the head of a Si/Gun/Gu;

Nevertheless, around May 1, 2015, the Defendant constructed a building with a steel farm structure equivalent to 67.5 square meters in Namyang-si, Namyang-si without permission for the Namyang-si market, and installed one container with a 18 square meters amounting to 18 square meters, and constructed one building with a light-weight structure equivalent to 3 square meters in size.

Accordingly, the Defendant constructed a building and installed a structure in the development restriction zone without permission of the Southern-ju market.

3. No defendant B shall construct a building, change the use of a building, install a structure, change the form and quality of land in a development restriction zone without permission from the head of a Si/Gun/Gu;

Nevertheless, around May 1, 2015, the Defendant constructed one building with a steel farm structure equivalent to 18 square meters in Namyang-si, Namyang-si without permission for the Namyang-si market, and installed two containers equivalent to 45 square meters in total.

Accordingly, the Defendant constructed a building and installed a structure in the development restriction zone without permission of the Southern-ju market.

Summary of Evidence

1. Each legal statement of the Defendants (as of the sixth trial date)

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a written accusation and written investigation of offenses;

1. Criminal facts;

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