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(영문) 인천지방법원 2017.12.21 2017고정2856
공유수면관리및매립에관한법률위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant in violation of the Food Sanitation Act is a person operating a general restaurant under the trade name of “C” in Jung-gu Incheon Metropolitan City.

A person who intends to engage in a general restaurant business shall report to the competent authorities, but the defendant did not report the general restaurant business to the head of Jung-gu Incheon Metropolitan Government from January 26, 2017 to May 23, 2017, and did not report the general restaurant business to the head of Jung-gu Incheon Metropolitan Government. After remodeling two military truck units, the defendant operated a general restaurant business by installing one cooling machine, one table, three table, and cooking facilities and selling the blade number to many unspecified customers at KRW 6,000, and 30,000.

2. Any person who violates the Act on the Management and Reclamation of Public Waters shall obtain permission for occupation or use of public waters from the management agency of public waters.

Nevertheless, from September 2014 to June 5, 2017, the Defendant occupied and used public waters for the purpose of storage by constructing a container of a size of 23.85 square meters in the area of a temporary building on the neighboring public waters of Jung-gu Incheon Metropolitan Government without obtaining permission from the head of Jung-gu Incheon Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on internal investigation reports (related to attachment of data related to illegal acts), investigation reports (related to "C" operated by the person under consideration), investigation reports (related to the "C" operation of the suspect), investigation reports (related to the confirmation of the facts of "C" food, etc.), investigation reports (related to the confirmation of the facts of food, etc.), investigation reports (limited to food, etc.

1. Article 62 Subparag. 2 of the relevant Act and Article 62 Subparag. 2 of the Act on the Management of and Reclamation of Public Waters for the elective Ownership of Punishment, and Article 8(1)1 (a) of the Act on the Management of and Reclamation of Public Waters (the occupation of public waters without permission), Subparag. 1 of Article 97 of the Food Sanitation Act, Article 37(4) of the Food Sanitation Act (the occupation of non-reported general restaurant business), and selection of fines;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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