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(영문) 부산지방법원 2015.11.18 2015고정3551
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Anyone shall obtain permission to change the use of a Metropolitan Autonomous City Mayor, Special Self-Governing Province Governor, or the head of a Si/Gun/Gu to operate a general restaurant in a water-source protection area, and anyone shall report food service business to the head of a Si/Gun/Gu by type of business or place of business

1. On July 23, 2014, the Defendant continued to use a building, the water source protection area of which was changed from the Geum-gu Busan, which was a water source protection area C to a general restaurant in a house on or around 1999, using the name “D” as a general restaurant.

2. The Defendant operated “D” at the same place as in the preceding paragraph, and operated a general restaurant business for cooking and selling food service business to unspecified persons without reporting the business of food service business to the head of Geumcheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of an accusation, accusation, photograph of reported business establishment, land utilization plan confirmation, general building register, and real estate lease contract within the water-source protection area;

1. Article 97 Subparag. 1, Article 37(4) of the former Food Sanitation Act (Amended by Act No. 13277, Mar. 27, 2015); Article 83 Subparag. 1, and Article 7(4)1 of the Water Supply and Waterworks Installation Act (the point of change of use of a building within the water-source protection area); the selection of fines, respectively, for criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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