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1. The defendant shall be punished by imprisonment for eight months;
2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;
Reasons
Punishment of the crime
From around 2012, the Defendant is a person operating a general restaurant in the name of “D” in Gwangju City C.
1. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. or any person who intends to divert farmland in a development restriction zone shall obtain permission from the competent authority;
Nevertheless, the Defendant, without obtaining permission from the competent authority on April 2015, changed the form and quality of land in a development-restricted zone and diverted farmland by installing a parking lot of 896 square meters in size and a sufficient room in Gwangju City E (P) and F (P), which is farmland as a development-restricted zone and farmland.
2. Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, fell bamboo and trees, divide land, store articles, etc. in a development restriction zone, or to occupy and use land within a farmland diversion or river zone shall obtain permission from the competent authority;
Nevertheless, the Defendant, without obtaining permission from the competent authority on May 2015, installed a steel framed with an area of 814 square meters in Gwangju-si, Gwangju-si, C (G), and E (B), which is a development restriction zone, and occupied and used a building without permission, farmland, or land within a development restriction zone without permission from the competent authority.
3. Any person who intends to construct a building, alter the purpose of use of a structure, install a structure, change the form and quality of land, cut bamboo and trees, divide land, store articles, or occupy land in a river area, newly build, rebuild or alter a structure, etc. within a development restriction zone shall obtain permission from the competent authority;
Nevertheless, the Defendant, without obtaining permission from the competent authority around May 2015, is in a size of 1.2m wide and 10m wide in Gwangju City, which is a development restriction zone and river area, and a development restriction zone and river area.