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(영문) 의정부지방법원 2017.09.20 2017고단2840
식품위생법위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Any person who violates the Food Sanitation Act shall file a business report under the Food Sanitation Act with the competent authority in order to operate the general restaurant business;

From November 2015 to June 18, 2017, the Defendant, without reporting to the competent authority, provided approximately 165 square meters of the first floor of the ground in Yangju-si and equipped with 8 tables, kitchen facilities, etc., and operated a resting restaurant business by cooking and selling coffees, teas, etc. to customers.

2. No person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction shall alter the use of buildings or alter the form and quality of land without obtaining permission from the competent authority in areas subject to development restriction for profit-making purposes;

From November 2015 to June 18, 2017, the Defendant changed the use of the part of 165 square meters of the land owned by the Defendant, which was located in the development restriction zone, into a general restaurant for the purpose of cultivating the steel-frame structure of the 1st floor light of the above land, and changed the form and quality of 1,000 square meters of land in Yangju-si, which is the development restriction zone.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. A written accusation;

1. A certificate;

1. All on-site photographs;

1. Business registration certificate, certificate of value-added tax revenue, certificate of land use planning regulation, overall list of building ledgers, current status of each building, and the ledger of each general building;

1. A tort investigation card;

1. Internal warning photographs;

1. Investigation report (verification of the changed area of use within the development restriction zone);

1. Application of Acts and subordinate statutes to investigation reports (F carpet search results and telephone conversations with suspects);

1. Article 31(2)1 of the Act on Special Measures for the Establishment and Management of Areas subject to Restriction on Development of Article 31(2)1 and the proviso to Article 12(1) (the violation of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development), Article 97 subparag. 1 and Article 37 of the Food Sanitation Act.

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