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(영문) 의정부지방법원 2018.10.19 2017고단5387
식품위생법위반등
Text

1. The defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months; and

2.Provided, That this judgment has become final and conclusive.

Reasons

Punishment of the crime

Defendant

B is a small river area development restriction area, and the lessor of land D and facilities related to detached houses and animals and plants on the ground of South-do, which is a small river area, and the defendant A is a lessee.

1. A person who intends to engage in the general restaurant business for the sole crime of Defendant A shall report to the head of the competent Gu, and a person who intends to occupy and use land or to newly construct or alter an artificial structure in a small river area shall obtain permission from the competent managing authority;

Nevertheless, from October 27, 2016 to July 12, 2018, the Defendant did not obtain a general restaurant business report and a permit to occupy and use a small river area in the same place. However, the Defendant prepared and sold the 470,000 won of monthly sales to the customers who installed 8 and cooking facilities in the area of 33 square meters in total of the area and found the place.

Accordingly, the defendant did not obtain permission from the competent authorities and report, and did a general restaurant business, and at the same time did an act of occupying land in a small river area.

2. Any person who intends to construct a building, change the purpose of use, change the form and quality of land, etc. in a zone where the joint crime development of the Defendants is restricted shall obtain permission from the competent authority

Nevertheless, around March 31, 2016, Defendant B, a lessee, leased the said detached houses, animal and plant-related facilities under the condition of KRW 50 million per year and KRW 20 million, with the knowledge of the fact that Defendant A changed the purpose of use into a general restaurant without obtaining permission from the competent administrative agency, as described in paragraph 1, and Defendant A changed the purpose of use into a general restaurant of “E” without obtaining permission from the competent administrative agency.

As a result, Defendants conspired to change the use of a building in a development-restricted zone without obtaining permission from the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written accusation for the preparation of the South-North Jeju Market;

1.F.

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