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;