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(영문) 의정부지방법원 2016.04.19 2016고단770
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is two lessors of the greenhouse, which is a facility related to the same plant and plant in the Namyang-si, Namyang-si, which is a development restriction zone.

Any person who intends to construct buildings, change the use thereof, change the form and quality of land, etc. in a zone subject to development restriction shall obtain permission from the competent authority.

1. Around September 18, 2015, the Defendant committed a joint crime with C with the Defendant: (a) leased a greenhouse with a size of 241.6m2 square meters located in Nam-si, Namyang-si, without obtaining permission from the competent authority; and (b) leased it to C in a rent of 2.9 million won per month with knowledge that he/she would change the purpose of use to a warehouse; and (c) leased it to C without obtaining permission from the competent authority; and (d) used it as a warehouse from that time to February 15, 2016 without obtaining permission from the competent authority.

Accordingly, the defendant, in collusion with C, changed the use in the development-restricted zone without obtaining permission from the competent authorities for profit-making purposes.

2. Around October 10, 2015, the Defendant committed a joint crime with the Defendant D, who was aware of the fact that D leases it to a warehouse, a greenhouse with a size of 212.11m2 square meters wide from the south-si, Namyang-si, without obtaining permission from the competent authority, and that D leases it to a warehouse, and D leases it to a rent of 1.6 million won per month, while D uses it as a warehouse from that time to February 1, 2016 without obtaining permission from the competent authority.

Accordingly, the defendant, in collusion with D, changed the purpose of use in the development restriction zone without obtaining permission from the competent authorities for the purpose of profit-making.

3. The Defendant’s sole crime extends one unit of a vinyl-type building to store goods with a 240 square meters wide from Ban-si, Namyang-si, Namyang-si without obtaining permission from the competent authority from August 2015 to Hanman on September 2015, and constructs a building by putting earth up at a height of 0.7 meters on a land with a 300 square meters wide.

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