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(영문) 의정부지방법원 2018.01.25 2017고단4996

식품위생법위반

Text

Defendant

A Imprisonment for six months, Defendant B shall be punished by a fine of 4,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

B is the owner of land C at both weeks, and Defendant A operated a general restaurant with the trade name “D” at the same place.

[2017 Highest 4996]

1. In order for a person to run a general restaurant business, he/she shall report his/her business in accordance with the Food Sanitation Act to the competent administrative agency;

From April 2017 to July 2017, the Defendant, without reporting to the competent administrative agency, was equipped with a cooking facility of about 20 square meters and a guest seat facility of about 100 square meters with the trade name “D” at the same place, and operated a general restaurant business by cooking and selling white bars, etc. to customers, and selling alcoholic beverages.

2. Defendant B, even though he was aware of the fact that Defendant B operated a general restaurant without reporting to the competent authority from April 2017 to July 2017, 2017, Defendant B, despite being aware of the fact that he operated a general restaurant, made it easy for Defendant B to commit the crime by allowing A to continue to lease the land of both weeks on a condition that he would receive KRW 3 million per annum.

[2017 Highest 5522]

3. No one shall construct a building without permission, change the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority in a zone subject to development restriction or in violation of any terms and conditions of permission granted by the competent authority;

Nevertheless, on May 2017, Defendant A constructed a building, such as the construction of a place of business with a steel-owner/tent size of 67 square meters in Yangju-si, which is a development restriction zone for profit-making purposes without obtaining permission from the competent authority, as described in the attached list of crimes.

4. The head of a Si/Gun/Gu who has violated a corrective order may issue a corrective order where he/she constructs a building, alters the use of a building, changes the form and quality of land, etc. without obtaining permission, or in violation of a permission.

Defendant

A around June 2017, an opportunity for prior notification and submission of opinions from the Yangju market.