Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who operates a general restaurant in the trade name of "C Prize".

1. Any person who intends to construct a building, alter the purpose of use, install a structure, change the form and quality of land, etc. in a development restriction zone shall obtain permission from the competent authority;

On May 2013, the Defendant installed a pipe of size of 178 square meters and a temporary building with a tent in the above land located in Dobong-gu Seoul Metropolitan Government D, without obtaining permission from the competent authority, and operated a general restaurant business.

Accordingly, the Defendant constructed a building (or structure) without permission from the competent authorities for profit-making purposes in development restriction zones.

2. Any person who intends to operate a general restaurant business shall report to the competent authorities;

From April 8, 2012 to June 3, 2013, the Defendant, without reporting to the competent authorities, installed a building of about 49 square meters and a temporary building installed as set forth in paragraph (1), and sold to many unspecified customers an average of KRW 1,00,00 per month, after cooking dumptos, fluent rice, and so on.

Accordingly, the defendant did not report to the competent authorities, but operated general restaurants.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (public issuance of cadastral records);

1. Application of Acts and subordinate statutes governing enforcement site photographs;

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) (Unauthorized building construction) of the Act on Special Measures for Designation of Areas of Restricted Development, Article 97 (1) and Article 37 (4) of the Food Sanitation Act (unreported general restaurant business), and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;