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Defendant shall be punished by a fine of KRW 7,000,000.
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 in the name of "C" in Seocho-gu Seoul Metropolitan Government B.
1. No person who violates the Act on Special Measures for Designation and Management of Areas of Restricted Development shall construct buildings or install structures in areas of restricted development, and any person who intends to do such act may do such act with permission from the head of the competent Gu;
Nevertheless, on April 201, the Defendant established two temporary buildings on the Seocho-gu Seoul Metropolitan Government, Seocho-gu, and D, which are restricted development zones, without obtaining permission from the head of the competent Gu, and used them for the purpose of restaurant business.
2. A person who intends to operate a general restaurant business in violation of the Food Sanitation Act shall report to the head of the competent Gu, and shall report to the head of the competent Gu any change in important matters prescribed by Presidential Decree (the name of the business operator, area of business, etc.)
Nevertheless, as the Defendant established two or more temporary buildings in the same place as paragraph (1), the Defendant changed the area of a general restaurant with 168.5 square meters exceeding the originally reported general restaurant site area (B), but did not report it to the head of the competent Gu, but operated a general restaurant business from early April 201 to June 27, 2013 without reporting it to the head of the competent Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Investigation report (Detection of an illegal act within a development restriction zone);
1. On-site photographs;
1. Application of Acts and subordinate statutes governing business reporting certificates;
1. Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development, the proviso to Article 12 (1), subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the Act on Special Measures for Designation of Areas of Restricted Development and Punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Criminal Act for the detention of a workhouse;