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(영문) 수원지방법원 성남지원 2017.04.14 2016고단3651
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for one year.

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. Violation of Acts of special measures concerning the designation and management of the area subject to development restriction;

(a) 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 April 2015, the Defendant operated a storage company located in the E and five lots (F, G, H, I, and J), namely, “K,” in the name of the E and five lots (F, G, H, I, and J), which is a development restriction zone, and stored 100 m2 in the 3,086m2 without obtaining permission from the competent administrative agency, and installed 36m2 in the 3,086m2, and installed 36m2 for the purpose of the office.

Accordingly, the defendant, in the development restriction zone for profit-making purposes, he stored the goods of the land without obtaining permission from the competent authorities, installed the structures, and constructed the structures.

(b) 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 authority, 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 authority orders such suspension;

Nevertheless, on May 10, 2016, the Defendant issued a corrective order to reinstate the same structure as the description of paragraph 1 from the subordinate market to May 31, 2016, but did not comply with the corrective order.

2. A person who intends to divert farmland in violation of Acts and subordinate statutes shall obtain permission from the competent authorities;

Nevertheless, on April 2015, the Defendant, in E, F, and G, a farmland outside an agricultural promotion area, was stored with a container on farmland of 1,769m28m2 and used for a place of business without obtaining permission from the competent authority.

Accordingly, the Defendant diverted farmland without obtaining permission from the competent authorities.

3. Any person who violates the management of a mountainous district shall obtain permission from the head of a forest office;

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