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(영문) 수원지방법원 2017.03.23 2017고정47
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 May 2, 2016 to September 22, 2016, the Defendant established one container without obtaining permission from the fishery harbor management authority within the C fishery harbor zone, which is a national fishery harbor located in the G fishery harbor located in the Ssung City, and occupied fishery harbor facilities without obtaining permission from the fishery harbor management authority.

B. On June 21, 2016, the Defendant failed to comply with the order, without justifiable grounds, even though he/she received an order to reinstate a container installed without permission as referred to in the above paragraph (a) within the C fishery harbor district located in the C fishery harbor district located in the GGB in the GGB around 2016, by June 30, 2016.

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 restaurant business to the competent authorities at the time and place specified in paragraph 1-A, operated a restaurant without reporting the restaurant business by cooking and selling coffee, dys, ices, etc. to many unspecified people who find the place using a container and a coffee machine, a mixture, etc. installed therein.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 60 of the Act and Article 60 of the Fishing Villages and Fishery Harbors Act, the main sentence of Article 38(1) (the occupation of the fishery harbor district without permission), Article 60(2)4, Article 45 Subparag. 5, and Article 46(1) of the Fishing Villages and Fishery Harbors Act (the occupation of the fishery harbor district without permission), Article 97 Subparag. 1, Article 37(4) of the Food Sanitation Act (the occupation of the non-compliance with an order to reinstate), and each of the fines is selected.

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