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(영문) 서울북부지방법원 2014.12.19 2014고정2767
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C” in the forest land B in Gangseo-gu Seoul Metropolitan Government, which is a development restriction zone.

1. Any person who intends to construct buildings, change the purpose of use, install structures, change the form and quality of land, etc. in a development restriction zone in violation of the Act on Special Measures for Designation and Management of Development Restriction Zones shall obtain permission from the

Nevertheless, around April 2014, the Defendant, without permission from the competent authority, installed a temporary building (a chain, tent, size: 127 square meters) for profit, and used it for the purpose of general restaurant business.

2. Any person who intends to engage in food service business, in violation of the Food Sanitation Act, shall install facilities prescribed by relevant Acts and subordinate statutes and report thereon to the competent authority;

Nevertheless, the Defendant did not report the business, and from the end of April 2014, the same year, except for the same season in the above C.

7. up to 24. up to 24. A general restaurant operating a general restaurant operating an average of KRW 4,500,000 per month by preparing and selling alcoholic beverages, chickenss, and booms with 20,000 square meters in a place of business above 140 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. Demanding administrative measures against violations in development restriction zones;

1. Forestry register, land use planning confirmation agent, and business registration certificate;

1. Application of Acts and subordinate statutes on control field photographs;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas of Restricted Development concerning facts constituting a crime, Article 31(2)1 of the Act on Special Measures for the Designation of Areas of Restricted Development and Punishment (the installation of unauthorized Temporary Facilities within Areas of Restricted Development), Article 97 Subparag. 1 of the Food Sanitation Act, Article 37(4) of the Food Sanitation Act (the operation of Unreported

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;

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

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