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(영문) 수원지방법원 여주지원 2017.05.23 2017고정19
수도법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who intends to alter the purpose of use of buildings or other structures 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 March 2016 to October 2016, the Defendant changed the use of a warehouse of 65.9 square meters in size as an affiliated building of a building located in Gyeonggi-gun, Gyeonggi-do, which is a water source protection area, to a restaurant.

2. No use of a building shall be altered in a zone where special measures against the designation and management of the zone subject to development restriction have been taken, without obtaining permission from the competent authority;

Nevertheless, without obtaining permission from the competent authorities, the defendant changed the use of the above warehouse within the development restriction zone as described in the above 1.1.

3. Although a person who intends to run a rest restaurant business in violation of the Food Sanitation Act must report to the competent authorities, the Defendant did not report to the competent authorities from March 2016 to October 2016, and operated a rest restaurant business in the warehouse that changed the purpose of the restaurant to a rest restaurant as described in the above 1.1.

4. In a case where the purpose of use of a building belonging to “Gun of residential business facilities” in an urban area violating the Building Act is changed to “Gun of neighboring living facilities”, the permission of the competent authorities must be obtained.

Nevertheless, without obtaining permission from the competent authorities, the Defendant changed the use of the above "ware" belonging to the Gun of residential business facilities as stated in the above 1.1. to a resting restaurant, which is a neighboring living facility.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A written accusation;

1. On-site photographs;

1. Application of the Act and subordinate statutes to the building ledger, investigation report (the “urban area”, “development-restricted area”, and “protection area in upper and upper source” through a land use planning map)

1. Designation of an area subject to restrictions on development under Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act and Article 7 (4) 1 of the same Act (as indicated in the holding), and designation of an area subject to restrictions on development under Article 83 subparagraph 1 of the same Act on criminal facts;

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