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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The E water-source protection zone in D is located in the water-source in order to supply clean water to approximately 25 million citizens in the Seoul Metropolitan area at the place designated as a water-source protection zone in accordance with the Water Supply and Waterworks Installation Act on July 9, 1975.
In order to protect water quality, etc., the development of the water source protection zone is extremely limited, and new restaurants cannot enter. With the development of traffic between the last 20 years, the number of floating population for viewing natural landscape such as F, G, and H has increased drastically, the number of unreported restaurants began rapidly by residents of the relevant region and outside people.
The owners of the above restaurants have used the circumstances in which new restaurants could not enter, raising a lot of profits by operating them exclusively, reducing the size of business to avoid heavy punishment, and continuously operated illegal restaurants in the name of another person, such as family members and branch members, while being punished for minor punishment under the name of another person.
The Defendant is operating a general restaurant in the name of “J” in I.
1. Any person who violates the Food Sanitation Act shall file a business report under the Food Sanitation Act with the competent authority in order to operate the general restaurant business;
From early September 2016 to June 27, 2017, the Defendant, without reporting to the competent authority, provided a cooking instrument, such as a tabler, cooling house, etc., with the name of “J” on the first floor of a building on the ground located in I, and operated a general restaurant with sales volume of approximately KRW 80 million on an average monthly basis by selling alcoholic beverages.
2. No person who violates the Water Supply and Waterworks Installation Act shall alter the purposes of any building in a water-source protection zone without obtaining permission from the competent authorities;
The Defendant is from the first floor of the ground building located in I, a water source protection area, from September 2016 to June 27, 2017.