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(영문) 부산지방법원 동부지원 2015.01.14 2014고단2002
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for not less than eight 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 around 195, the Defendant constructed a building of a size equivalent to 143 square meters on the ground, which is a development restriction zone and a water source protection zone, in Busan-gun, Busan-gun, which is a water source protection zone, with a spouse, and operated a general restaurant with the trade name of "E" as a parking lot with approximately 300 square meters in the remaining parts.

【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 September 11, 2009 to August 29, 2014, operated a general restaurant business that sells an average of KRW 10 million on a monthly average to many unspecified customers by installing a parking lot of 143 square meters in the name of “E” in the area equivalent to 143 square meters in the name of “E” in the D-Ground building located in Busan Gun, Busan Gun, and installing a cooling pipe, gas rail, and a parking lot of 14 square meters in the name of “E” and preparing and selling the same.

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 August 14, 199 to August 29, 2014, operated a general restaurant business, which is a neighborhood living facility, as described in paragraph (1), with respect to the compost portion (77m2) and the warehouse portion (66m2) of the lightweight steel structure building located in the area of development restriction, which is a water source protection area, the Busan-gun, Busan-gun, Busan-gun, a water source protection area.

Summary of Evidence

1. Defendant's legal statement;

1. Current status of the business establishment reported not by the captain;

1. A criminal investigation report (to submit data on violations);

1. Application of Acts and subordinate statutes concerning the details of sales reply;

1. Criminal facts;

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