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(영문) 의정부지방법원 2018.04.04 2018고정237
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, a development restriction zone, is the owner of the building B 955 square meters and C 364 square meters in Nam-si, Namyang-si, a development restriction zone, obtained a building permit for the said two Dongs on the land on December 6, 2012, with a total floor area of 495.47 square meters and two greenhouses, which are animal and plant facilities related to general steel structure, and obtained approval for the use of the said building on April 9, 2013, and D is the representative director of the dispute resolution E, which is established for the purpose of the household sales business, etc.

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 in a zone subject to development restriction shall obtain permission from the competent authority.

1. The Defendant committed a single crime without obtaining permission from the competent authority, and around May 2013, the Defendant extended a toilet with a size of 6 square meters in a general steel-frame structure to the greenhouse exterior wall of the Namyang-si, and constructed a building and changed the form and quality of land by packaging it into concrete with a size of 305.59 square meters outside the greenhouse.

2. The Defendant and D used two Dongs (a total of 495.47 square meters) in the places indicated in the preceding paragraph from June 7, 2015 to October 26, 2017, which are animal and plant-related facilities, as a warehouse, with knowledge of the fact that the Defendant and D used two Dongs (a total of 495.47 square meters) in the greenhouse, which are animal and plant-related facilities, as a warehouse, leased to D under the condition that deposit is paid KRW 30 million, and monthly rent is paid KRW 2.9 million, and D used as a warehouse for the storage of the original wood, and D used the above leased room from the Defendant from June 7, 2015 to October 26, 2017 as a warehouse for the household.

Accordingly, the defendant and D conspired to change the use of buildings in development-restricted areas without obtaining permission from the competent authorities.

Summary of Evidence

1. Statement by the defendant in court;

1. Suspect examination protocol prepared by the police concerning D;

1. Application of Acts and subordinate statutes to a survey report on illegal acts, data on illegal acts in development-restricted zones, lease contract, land ledger, and building ledger;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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