A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

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 the general restaurant business;

피고인은 2017. 5. 1. 경부터 2017. 6. 29. 경까지 관할 관청에 신고를 하지 아니하고, 의정부시 C에서, ‘D’ 라는 상호로 약 100평 규모의 공간에서 냉장고 및 가스 시설 등 조리시설을 갖추고, 야외 객석에 천막과 평상 10개, 좌 대 20개 등을 설치하여 그곳을 찾아오는 손님들에게 한방 오리 백숙, 닭볶음탕, 보신탕 등을 조리하여 판매하여 일반 음식점 영업을 하였다.

2. No person who violates the Act on Special Measures for the Designation and Management of Development Restriction Zones shall construct a building, change the use of a building, install a structure, change the form and quality of land, or store goods without obtaining permission from the competent authority in a commercial-profit zone;

From May 1, 2017 to June 29, 2017, the Defendant, without reporting to the competent authority, constructed a warehouse (46 square meters) while operating a general restaurant with the trade name, “D,” which is a development restriction zone, and installed ten units and twenty units (20 square meters equivalent to 214.1 square meters) in a usual manner.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A letter of business trip, on-site photograph;

1. A certificate;

1. Data about business activities of a non-reported general restaurant;

1. Location map and illegal matters;

1. Spatial photographs on August 1, 2017, and natural disaster scene photographs on September 18, 2017;

1. Application of documents confirming land use plans and land ledger-related Acts and subordinate statutes;

1. Article 97 Subparag. 1, Article 37(4) of the Food Sanitation Act (the place of general restaurant business without filing a report), Article 31(2)1, and Article 12(1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the place of installation of unauthorized structures in areas subject to Restriction on Development) concerning facts constituting an offense, and Articles 97 Subparag. 1, 37(4) of the same Act concerning the selection of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Code of Aggravation of Concurrent Crimes.