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(영문) 수원지방법원 2017.02.10 2017고정1
어촌ㆍ어항법위반등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. Violation of fishing villages or fishery harbors;

(a) Any person who intends to use or occupy fishery harbor facilities occupying and using such fishery harbor facilities without permission shall obtain permission from the fishery harbor management authority;

Nevertheless, from March 2015 to July 2016, the Defendant occupied fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor in the parking lot in the C-harbor district, which is a national fishery harbor located in B, which is located in the G-harbor district, and parked one D-freight vehicle and operated a restaurant for selling the fluence, Kim Jong-sung, etc., and occupied fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor.

B. On June 21, 2016, the Defendant failed to comply with an order to reinstate a truck without any justifiable reason, even though he/she received an order to reinstate the truck under the name of the Chinese market no later than June 30, 2016, in relation to the illegal possession of the fishery harbor zone, such as paragraph 1(a), within the C fishery harbor zone located in Dasung-si B, in order to reinstate the truck without any justifiable reason.

2. Any person who intends to operate a resting restaurant business shall file a report with the competent authority on each type of business or each place of business in accordance with the relevant regulations;

Nevertheless, the Defendant, without reporting the business to the competent authorities at the time and place specified in paragraph 1(a), operated a non-reported restaurant business without reporting by cooking and selling a unique map, Kimb, etc. against many unspecified people who find the location by using cargo cars and kitchen installed in the cargo cars.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written accusation (including attached materials);

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Occupation and use of an unauthorized fishery harbor district: Article 60 (2) 3 and the main sentence of Article 38 (1) of the Fishing Villages and Fishery Harbors Act;

(b) Point of failure to implement an order for restitution: Article 60 (2) 4, Article 45 subparagraph 5, and Article 46 (1) of the Fishing Villages and Fishery Harbors Act.

(c) Point of non-reported restaurant business: each of Articles 97 subparag. 1 and 37 subparag. 4 of the Food Sanitation Act.

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