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(영문) 서울중앙지방법원 2013.11.01 2013고정4922
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in Seocho-gu Seoul Metropolitan Government B and C.

1. No person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones shall construct a building or install a structure in a development restriction zone, and any person who intends to do such act may do such act with permission from the competent authority;

Nevertheless, the Defendant, in Seocho-gu Seoul, which is a development-restricted area, installed one temporary building of 110 square meters in the Seocho-gu Seoul Metropolitan Government on April 2009 for the purpose of the restaurant business without obtaining permission from the competent administrative agency, and used one temporary building for profit.

2. A person who intends to operate a general restaurant business in violation of the Food Sanitation Act shall report to a competent authority, and shall also report to the competent authority on any modification of important matters prescribed by Presidential Decree (the name of the business operator, the area of the place of business, etc.) among reported matters

Nevertheless, the Defendant changed the important matters prescribed by Presidential Decree, which are more than 92.40 square meters in the general restaurant business place, to a 110 square meters higher than 92.40 square meters reported on the main building constructed in B following the establishment of one temporary building at the above place. However, the Defendant used the said one temporary building for the purpose of the general restaurant business place from April 27, 2009 to June 27, 2013 without reporting to the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Confirmation of land use plan and land cadastre;

1. Application of Acts and subordinate statutes to investigation reports (a copy of business report);

1. Article 31 Subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 11054, Sep. 16, 201) concerning facts constituting an offense and Article 31 Subparag. 1 of the former Act on Special Measures for Designation and Management of Areas of Restricted Development (Amended by Act No. 11054, Sep. 16, 201); Articles 97 Subparag. 1, 37(4), and 36(1)3 of the Food Sanitation Act (the fact that a report on alteration of important matters, among business reported, is not filed): Each.

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