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

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

Punishment of the crime

The Defendant is a person who operates a resting restaurant with the trade name of “D” in Namyang-si, which is a water source protection area.

1. Any person who violates the Food Sanitation Act shall file a business report under the Food Sanitation Act with the competent authority in order to operate a rest restaurant business;

The defendant does not report to the competent authority, and from May 16, 2017, the same year from around the same day.

7. Until December 21, 200, the said restaurant operated a resting restaurant with a size of about 10 square meters equipped with coffee machines, tables, etc., cooking and selling coffees, beverages, etc. to customers, and raising sales equivalent to about 400,000 won on average.

2. No person who has violated the Water Supply and Waterworks Installation Act shall alter the purposes of buildings within water-source protection areas without obtaining permission from the competent authorities;

The Defendant, at the same time and place as paragraph (1) of this Article, changed the use of 10 square meters among the 30.25 square meters of living facilities (stores) located in the Class 1 of the steel reinforced concrete structure, owned by the Defendant, into a resting restaurant as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A certificate of land use plan;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Criminal facts, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (the occupation of a non-reported restaurant business, the selection of fines), Article 83 subparagraph 1 of the Water Supply and Waterworks Installation Act, and Article 7 (4) 1 of the Water Supply and Waterworks Installation Act (the occupation of changing the use of an unauthorized building, the selection of fines);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. From October 2016 to January 2017, Article 334(1) of the Criminal Procedure Act, the amount of fine is set in consideration of the following: (a) even if a person was punished by a fine of KRW 5 million while engaging in a restaurant without reporting the same content at the same place; and (b) the person continues to repeat the instant crime even if the person was punished by a fine of KRW 5 million.