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(영문) 의정부지방법원 2017.07.20 2017고단1229
개발제한구역의지정및관리에관한특별조치법위반
Text

Defendant

A A Fines of 5,00,000 won, Defendant B of 1,000,000 won, and Defendant C of 2,000,000 won, respectively.

Reasons

Punishment of the crime

1. He/she shall not construct a building, alter the purpose of use, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to restriction on the sole crime development of Defendant A or in violation of any terms and conditions of permission;

Nevertheless, on February 2, 2015, the Defendant newly constructed a building of approximately 14 square meters by putting a luminous frame over the steel structure in the building structure in Nam-si, Nam-si, which is a development restriction zone, without permission from the competent authority. The Defendant installed a container of the size of 18 square meters, and extended a simplified toilet of the size of 6 square meters in the structure of a light panel structure, and changed the form and quality of land by converting the area of 446 square meters in front of the building into a site by making a concrete building with the size of 46 square meters.

2. He/she shall not construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to the joint crime development restriction of Defendant A and Defendant B or in violation of any terms and conditions of permission;

Nevertheless, Defendant B, a development restriction zone, is the lessee of a building permitted as a hot room, which is an animal and plant facility of size E 299.7 square meters in Namyang-si, Namyang-si, which is the development restriction zone, and Defendant A conspired with the lessor of the above building to change the purpose of use to a store for other fish storage in violation of the permission for commercial purposes on January 15, 2015.

3. He/she shall not construct a building, change the purpose of use of a building, install a structure, change the form and quality of land, cut bamboo and trees, divide land, stockpile articles, etc. without obtaining permission within a zone subject to restrictions on joint criminal acts by Defendant A and Defendant C or in violation of any terms and conditions of permission.

Nevertheless, Defendant C is the lessee of a building permitted to be a greenhouse, which is an animal and plant facility of the size of 200.25 square meters in Namyang-si, Namyang-si, which is a development restriction zone, and Defendant A conspired with the lessor of the building in collusion with the lessor on May 8, 2015.

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