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(영문) 의정부지방법원 2017.11.03 2017고단3040
식품위생법위반등
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 5,000,000, respectively.

Defendant .

Reasons

Punishment of the crime

Defendant

A farming association corporation B operates a restaurant in the name of “D” as a corporation operating a restaurant at the same place as an agricultural product production and various incidental businesses belonging thereto in the Namyang-si, Nam-si, which is a water source protection zone. Defendant A is a representative director of the said corporation from March 12, 2017 to June 26, 2017, and Defendant A is a person who was the representative director of the said corporation from July 2014 to March 8, 2017 as Defendant A’s spouse.

1. Defendant A

(a) Any person who violates the Food Sanitation Act shall file a business report under the Food Sanitation Act with the competent authorities in order to operate a rest restaurant business;

From July 2014 to June 26, 2017, the Defendant conspired with E and operated a restaurant with an average of about 60 million won per year and about 5 million won per month average by preparing and selling coffees, teas, breads, Quaatia, etc. to customers, with the name of “D” from the first floor of the ground building located in Gyeonggi-si, Nam-si, Gyeonggi-si, with the trade name of “D”, from around 120 square meters.

(b) 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;

From July 2014 to June 26, 2017, the Defendant, in collusion with E, used approximately KRW 120 square meters of the land-based building in Namyang-si, Gyeonggi-do, which is a water source protection area, as the water source protection area, as a restaurant with the use of approximately 120 square meters of the agricultural partnership B’s ownership on the first floor of the ground, and the steel-based concrete structure community distribution room managed by the Defendant and E, as a restaurant.

2. The Defendant A and E, the representative director of the Defendant, from July 2014 to June 26, 2017, did not report the Defendant’s business affairs to the competent authority, and operated a restaurant in the water-source protection zone as set forth in subparagraph 1-A and (b) without permission.

Summary of Evidence

1. The defendant A-.

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