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(영문) 수원지방법원 성남지원 2017.07.19 2017고단255
개발제한구역의지정및관리에관한특별조치법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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 within a zone subject to development restriction shall obtain permission from the competent authority;

Nevertheless, on October 2015, the Defendant reduced 4.5 square meters of prefabricatedgll for the purpose of leasing greenhouses into a warehouse in Hanam-si, which is a development restriction zone around around 2015, for the purpose of leasing greenhouses as a warehouse.

Accordingly, the defendant constructed a building without obtaining permission from the competent authorities in the development restriction zone for profit-making purposes.

2. Any person who constructs a building, changes the purpose of use, installs a structure, changes the form and quality of land, etc. within a development restriction zone without obtaining permission from the competent authorities, shall comply with an order to suspend construction works, or to remove, close, rebuild or relocate a building, structure, etc., or to take other necessary measures with regard thereto, if the competent authorities order such suspension;

Nevertheless, on July 6, 2016, the Defendant issued a corrective order to reinstate a building of 356.3 square meters in total, which was extended for the purpose of a warehouse, to restore it to its original state by July 30, 2016, even though the Defendant received a corrective order to restore the building of 640 square meters in concrete packaging, which was changed to the purpose of a warehouse, by extending it to a prefabricated-type panel without obtaining permission from the competent administrative agency, at the place specified in paragraph (1) from the subcontractor market, and changing to the purpose of a warehouse.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A written investigation of violations and on-site photographs;

1. Status of corrective order and registration delivery;

1. Application of Acts and subordinate statutes to land registers, land use planning confirmations, and general building registers;

1. Article 31(2)1 of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment (Unauthorized Construction, Selection of Imprisonment), the proviso to Article 12(1) (Article 32 Subparag. 2 of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restrictions on Development, Articles 30(1)1 and 12(1)1 of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restrictions on Development.

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