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(영문) 부산지방법원 동부지원 2015.02.05 2014고단2003
개발제한구역의지정및관리에관한특별조치법위반등
Text

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 this judgment became final and conclusive.

Reasons

Punishment of the crime

From July 1996, the Defendant, along with wife D, operated a general restaurant in the name of “I restaurant” using a parking lot equivalent to 1,100 square meters illegally changed to F, G, and H ground adjacent to the above building as a development-restricted zone and a development-restricted zone and a water source protection zone, and a parking lot equivalent to 1,100 square meters illegally changed to the above building as a development-restricted zone and a water source protection zone, and a family building illegally newly constructed as a entertainment facility.

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, on May 14, 2013, from around October 14, 2014 to around October 14, 2014, the Defendant, without filing a business report with the captain of Busan Gun, installed a reinforced concrete building or illegally constructed and installed a pipe facility, such as a cooling house, gas rail, etc., in a space equivalent to 580 square meters of a steel pipe building, which was extended, and installed a gas pipe, and operated a general restaurant business that sells an average of KRW 35 million on a monthly basis to many unspecified customers by cooking and selling a 10 square meter of a household on the F, G, and H ground adjacent thereto.

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 April 10, 2002 to October 14, 2014, operated a general restaurant business which is a neighborhood living facility, as described in paragraph (1), in the housing part (98.97 square meters) of the ground reinforced concrete building building E in Busan-gun, Busan-gun, a water source protection area, and the part attached thereto (66 square meters).

3. Any person who violates the Water Supply and Waterworks Installation Act shall throw away sewage from a water source protection area;

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