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(영문) 수원지방법원 성남지원 2015.11.19 2015고단2157
식품위생법위반등
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

From around 1998, the defendant is a person who operates a mutual general restaurant of "E" in Gwangju City D.

1. Any person who intends to operate a general restaurant business shall report to a competent authority;

Nevertheless, on September 16, 201, from around August 10, 201 to around August 10, 2015, the Defendant, without reporting to the competent authority, established two tents of a total size of 168 square meters in Gwangju City D, and used it as the main room and place of business. The Defendant sold earth and sand, chickens and ducks to customers who found the place.

Accordingly, the defendant operated general restaurants without reporting to the competent authorities.

2. Any person with respect to the construction of buildings without permission or the diversion of sites for places of business shall construct buildings, alter the purpose of use, install structures, change the form and quality of land, cut bamboo and trees, divide land, store articles, etc. or obtain permission from the competent authority from any person who intends to divert farmland;

Nevertheless, the Defendant, without obtaining permission from the competent authority, installed a pipe structure 61.2 square meters of size of 61.2 square meters in Gwangju-si, which is a development restriction zone and farmland, for the main purpose on November 2012, 201, and installed a wooden pole structure 106.79 square meters in size to be used for a place of business around June 2013, and used the said D as a restaurant site.

Accordingly, the Defendant constructed a building in a development restriction zone without obtaining permission from the competent authorities, and diverted farmland.

3. Any person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter structures, excavate, lay land, change the form and quality of land, change the form and quality of land, or extract soil, rocks, sand, and gravel in a river basin within a river zone shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authorities, from around 1995 to August 10, 2015.

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