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(영문) 광주지방법원 2020.11.12 2020고단3112
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[200 Highest 3112] The defendant is the representative director of a corporation with the trade name of “stock company B” for the purpose of civil engineering works, housing development, and real estate sales.

Any person who intends to engage in any activity that changes the form and quality of land prescribed by Presidential Decree, such as farming, shall not be permitted to construct buildings and change the purpose of use, install structures, change the form and quality of land, fell bamboo and trees, divide land, stockpile goods, or implement an urban or Gun planning project under subparagraph 11 of Article 2 of the National Land Planning and Utilization Act in a development restriction zone for profit or habitually, or to engage in any activity that changes the form and quality of land for the purpose of farming, etc., within a development restriction

On January 10, 2020, the Defendant changed the form and quality of land and cut down bamboo and trees planted, by using a scke under the pretext of opening an access road from the Nam-gu, Gwangju, D, E, and F land to the land to be cultivated by the Defendant, which is a development restriction zone.

Accordingly, the Defendant habitually felled into changing the form and quality of land and cutting down bamboo and trees without obtaining permission from the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head

[20, 166] Any person who intends to engage in development activities shall obtain permission from the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or

Nevertheless, around August 23, 2019, the Defendant laid down approximately KRW 132 square meters of the above land using construction equipment, such as dump trucks, without obtaining permission from the competent authority for development with regard to the Nam-gu Seoul metropolitan area H and I land near the Nam-gu Seoul metropolitan area, and extended two times in total, such as changing the form and quality of the above land by raising it at the same place on the same date as on October 9 of the same year.

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