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(영문) 서울서부지방법원 2014.04.16 2013고정3055
개발제한구역의지정및관리에관한특별조치법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant under the trade name of Eunpyeong-gu Seoul Metropolitan Government “C”.

1. No person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones shall construct any building or install any structure in a development restriction zone, and any person who intends to do such act may do such act with permission from the head of the competent Gu;

The Defendant, a development-restricted area, without obtaining permission from the head of the competent Gu in Eunpyeong-gu Seoul, which is a development-restricted area, installed a temporary building (a chain, tent, size: 21 square meters) on July 2012, and used it for the purpose of restaurant business.

2. A person who intends to run a general restaurant business in violation of the Food Sanitation Act shall report to the head of the competent Gu, but the Defendant, without reporting to the head of the competent Gu, sold a restaurant business in the name of “C” with four kitchens, four mobile chairs, 12 mobile sirens, six mobile sirens, etc. from July 8, 2012 to July 8, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Suppression photographs;

1. Land use planning confirmation personnel;

1. Application of a copy of business registration certificate;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas of Restricted Development concerning facts constituting an offense, Article 31(2)1, Article 12(1) of the Act on Special Measures for the Designation of Areas of Restricted Development and Punishment (the installation of unauthorized Provisionals within Areas of Restricted Development), Article 97 subparag. 1, Article 37(4) of the Food Sanitation Act (the operation of Un

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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