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

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

Punishment of the crime

The Defendant is the owner of a D building (two-story buildings, building No. 205.22m2m2) designated as a development restriction zone and operates a general restaurant with the trade name of approximately twenty-three square meters in the above building.

No building, alteration of purpose of use, installation of a structure, etc. shall be allowed in a development restriction zone without permission of the competent authority.

그럼에도 불구하고 피고인은 위 음식점의 영리를 목적으로 2011. 7. 22.경 경기 하남시 D 건물 내 27.3㎡의 규모의 창고를 주거로 용도를 변경하고, 위 같은 건물과 창고 사이에 샷시유리 등을 이용하여 13.26㎡ 규모의 통로를 증축하고, 위 같은 건물에 철골천막 등을 이용하여 24㎡ 규모의 보일러실 및 수족관을 증축하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A written investigation of violation;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 31 (2) 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 12 (1) of the Act on Special Measures for Designation of Areas of Restricted Development and the Selection of Fines concerning Facts of crime;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the first offender with no criminal records; (b) the restoration of the original offender is deemed to have been made; and (c) the scale of unauthorized use change; and (d) the Defendant’s age, character and conduct, environment, circumstances surrounding the crime, means and methods, etc.; and (b) the sentencing conditions indicated in the arguments and records of the instant case