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(영문) 부산지방법원 동부지원 2015.01.14 2014고단1995

개발제한구역의지정및관리에관한특별조치법위반등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Attachment] From August 1996, the Defendant, along with D (her spouse), has been operating a general restaurant in the name of “G”, with a development-restricted zone and a ground building in Busan-gun, Busan-gun, which is a water source protection area, and a main room and a warehouse (a approximately 87 square meters), which is illegally stored in the above building, as well as a development-restricted zone and a water source protection area, and a parking lot (a approximately 440 square meters), a newly-built entertainment facility (a approximately 165 square meters) and a newly-built entertainment facility (around 165 square meters), located in the above building.

【Criminal Facts】

1. Any person who violates the Food Sanitation Act shall file a business report with the head of the competent Gu, etc. pursuant to the Food Sanitation Act to operate general restaurants;

Nevertheless, the Defendant, without filing a business report with the head of Busan Gun from March 13, 2014 to October 14, 2014, installed main facilities, such as cooling, gas bags, etc., and parking lots of a size of 440 square meters in a space equivalent to the total size of 425 square meters of a steel pipe building illegally constructed and extended in the name of "G" from March 13, 2014 to October 14, 2014, and operated general restaurants by means of cooking and selling sugars to many unspecified customers, and selling the total amount of 30 million won per month.

2. Any person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones and the Water Supply and Waterworks Installation Act shall obtain permission from the competent authority where he/she intends to alter the purpose of use of buildings in development restriction zones

Nevertheless, the Defendant, without obtaining permission from the competent authority from November 12, 2004 to October 14, 2014, run a general restaurant business, which is a neighborhood living facility, as described in paragraph (1), from a development restriction zone and a part of the detached house of building E-ground reinforced concrete building, located in a water-source protection area, Seosan-gun, a water-source protection area, and a part attached thereto (65,45 square meters).