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(영문) 의정부지방법원 2018.03.21 2017고단4895
식품위생법위반등
Text

Defendants shall be punished by imprisonment for one year.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants jointly operate a general restaurant with the trade name of “E” in South-west-si, Namyang-si.

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;

In collusion, the Defendants: (a) from October 13, 2016 to December 22, 2015, Defendant A, from around December 22, 2015 to September 14, 2017, and (b) from around 30 square meters to around 231.9 square meters in a space with the trade name of “E” at the same place; and (c) installed a structure using cooking facilities, iron poles, and flats; and (d) operated a general restaurant by selling alcoholic beverages.

2. A person who intends to occupy and use a small river, etc. shall obtain permission from the competent authority.

From the beginning of May 2017 to September 14, 2017, the Defendants conspired to occupy and use a small river flowing water and land without permission by installing a structure, such as a steel tent and a flat, in the area of a small river located in the F, G, and H, approximately 231.9 square meters in Nam-si, Nam-si, and Nam-si, without obtaining permission from the competent administrative agency.

3. No act of constructing a building, altering the purpose of use, installing a structure, changing the form and quality of land, cutting bamboo and trees, dividing land, piling-up articles, etc. shall be performed, without obtaining permission from a competent authority in a zone where special measures against the designation and management of a zone subject to development restriction are violated;

A. On February 2014, the Defendants conspired to commit the crime in collusion with the competent authority on February 2, 2014, for use as residential facilities from Nam-si, Nam-si and H, the development-restricted area without obtaining permission from the competent authority on February 2, 2014, extended 20.8 square meters into the light-weight panel, and extended 2.0 square meters into the light-weight panel to be used as boiler rooms.

B. On March 2017, Defendants conspired to commit the crime without obtaining permission from the competent authority on March 2017.

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