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(영문) 부산지방법원 동부지원 2015.01.14 2014고단1990
개발제한구역의지정및관리에관한특별조치법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Attachment] From October 201, the Defendant, along with C (her spouse) from around October 201, leased a building of the size of 330 square meters in Busan-gun, Busan-gun, which is a water source protection area, and a building of the size of 1,336 square meters in size and 165 square meters in the above D-ground reinforced concrete structure, and operated a general restaurant in the name of “F”.

【Criminal Facts】

1. Any person who violates the Food Sanitation Act shall file a business report with the head of the competent Gu, etc. pursuant to the Food Sanitation Act to operate general restaurants;

Nevertheless, from August 2, 2014 to October 3, 2010 of the same year, the Defendant, without filing a business report with the Busan District Office, was equipped with an air-conditioning facility equivalent to 165.16m2 from the first floor of the D ground building in Busan District, which is located in a space equivalent to 165.16m2 in the name of “F,” such as cooling, gas bags, and installed two storages of materials equivalent to 196m2 on the land adjacent to the chemical table 21, 196m2, and operated a general restaurant business that sells to many unspecified customers a total of KRW 25 million on a monthly average by cooking and selling the same.

2. Violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Water Supply and Waterworks Installation;

(a) Where any person intends to change the purpose of use of a building in a development-restricted area or water source protection area, he/she shall obtain permission from the competent authority;

Nevertheless, the Defendant, without obtaining permission from the competent authority from January 1, 2013 to October 3, 2014, operated a general restaurant business, which is a neighborhood living facility, as described in paragraph (1), in the single house part (116.08 square meters) and the retail store part (49.08 square meters) of the ground building D in Busan-gun, Busan-gun, which is a development restriction zone and a water source protection zone, for profit-making purposes.

(b) Any person with respect to E shall obtain permission from the competent authority where he/she intends to build a new building in a development restriction zone or water source protection zone;

Nevertheless, there is a need to do so.

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