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(영문) 의정부지방법원 2018.04.06 2017고단5492
식품위생법위반등
Text

1. The defendant shall be punished by a fine of 15,00,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

A person who intends to engage in the general restaurant business of 2017 Highest 5492 shall report to the competent authorities.

Nevertheless, the Defendant did not report to the competent authorities on April 15, 2017, and prepared and sold food, such as cooking instruments, table, etc. in an average amount of about KRW 17 million per month to customers who find out a place with the trade name of "E" from around December 15, 2017 to August 20, 2017, and operated a general restaurant business by cooking and selling food, such as a chickens, sand, etc. in an amount of about KRW 52 square meters per month.

The Defendant is a person who operates a restaurant in the name of "E" in the name of "E" in both weeks D and 1.

No one shall construct a building, alter the use of a building, install a structure, change the form and quality of land, etc. without obtaining permission from the competent authority in a zone subject to development restriction or in violation of details of permission granted by the competent authority.

Nevertheless, on April 2017, the Defendant constructed a building with a size of about 45 square meters in the size of steel / tent for commercial purposes, such as construction of a new building with a size of about 45 square meters in the size of steel / tent structure, for commercial purposes from the above D and one parcel, without obtaining such permission.

Summary of Evidence

[2017 Highest 5492]

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A written accusation;

1. Investigation report (Attachment of Details of sales of credit cards) (2018 high group 561);

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Investigation cards for illegal acts;

1. Current status photographs of each status;

1. Application of each Act and subordinate statutes on location map;

1. Article 97 Subparag. 1, Article 37(4) of the Food Sanitation Act (the place of business not reported), Article 31(2)1, and the proviso to Article 12(1) of the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction (the point of business without permission within the development restriction zone) concerning facts constituting an offense, and the selection of fines, respectively;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Special Measures concerning Designation and Management of Areas with heavy development penalty) of the Criminal Act for the aggravation of concurrent crimes.

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