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(영문) 수원지방법원 여주지원 2018.04.11 2018고단64
식품위생법위반등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

Defendant

A is a person who operates a store restaurant with the trade name of "D" in Gyeonggi-si C.

1. A person who intends to newly construct, extend, rebuild, rebuild, relocate, alter, or remove a building or any other structure in a water source protection area in violation of the Water Supply and Waterworks Installation Act shall obtain permission from the competent authority;

Nevertheless, from June 2017 to August 7, 2017, the Defendant changed the use of a building of 93.9 square meters which was constructed for retail stores without obtaining permission from the competent authority for change of use from the Gyeonggi-gun, which is a water source protection area, as a resting restaurant for cooking and selling nuclear dys and coffees and dys and dys and dys, etc.

2. Any person who intends to construct a building, change the purpose of use, install a structure, change the form and quality of land, etc. for profit-making purposes in a zone in violation of the Special Measures against and restrictions on the designation and management of development-restricted zones shall obtain permission from the competent authority

Nevertheless, the defendant used a building constructed for retail stores for profit-making purposes in a development restriction zone without obtaining permission from the competent authorities for the alteration of the purpose of use as described in paragraph 1 above, as a resting restaurant.

3. Any person who intends to operate a resting restaurant business in violation of the Food Sanitation Act shall report to the competent authorities;

Nevertheless, the Defendant did not report to the competent authorities, from June 2017 to August 7, 2017, and had cooking facilities, such as coffees and dyke water, installed at the places indicated in the above paragraph (1) from around June 2017 to and from August 7, 2017, and operated a restaurant with many unspecified customers by cooking and selling dykes and dyke water, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A certificate of violation and a field photograph of violation;

1. Application of Acts and subordinate statutes to field photographs (netly 18);

1. Article 97 subparag. 1 and Article 37 subparag. 4 of the Food Sanitation Act concerning criminal facts (Duty to report a restaurant business temporarily).

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