logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.04.15 2013고정3088
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 70,000 won.

Reasons

Punishment of the crime

The Defendant operated a general restaurant in the Eunpyeong-gu Seoul Metropolitan Government “C” in the name of Eunpyeong-gu.

1. Any person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones shall obtain permission from the head of the competent Gu in order to construct buildings and change the use thereof, install structures, change the form and quality of land, cut bamboo and trees in the development restriction zones

Nevertheless, on May 2013, the Defendant installed a temporary building (Iron/tent, 143 square meters) without permission on neighboring land D for the purpose of expanding the place of business of the above C and for profit-making purposes.

2. Any person who runs a food service business shall report to the head of the competent Si/Gun/Gu when the area of the business is altered;

Nevertheless, the Defendant, in addition to the area of the place of business reported to the head of Eunpyeong-gu Office (82.14 square meters), installed a temporary building without permission as described in the foregoing paragraph 1., but operated a general restaurant business until July 2, 2013 without reporting the changed area of the place of business to the competent Gu office.

Summary of Evidence

1. Defendant's legal statement;

1. A location map, a photo at the control site, a copy of real estate lease contract, a copy of business report certificate, and a business registration certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 31 (2) 1, Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development (hereafter referred to as "establishment of an unauthorized temporary building"), subparagraph 1 of Article 97 of the Food Sanitation Act, Article 37 (4) of the Food Sanitation Act, and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

arrow