Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

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

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 April 30, 2013, the Defendant installed a temporary building in the above “C” located in Seoul Special Metropolitan City, Nowon-gu, without obtaining permission from the competent authority and installed a pipe and a tent of 84 square meters in size within the above land located within a development restriction zone 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;

피고인은 2013. 4. 30.경부터 2013. 7. 4.경까지 사이에 위 “C”에서 관할 관청에 신고하지 아니하고 전항과 같이 설치한 가설건축물 내에 테이블, 가스렌지, 냉장고, 싱크대 등 조리 및 주방시설 등을 갖추어 놓고 그곳을 찾는 불특정 다수의 손님들에게 닭볶음탕 등을 조리하여 월평균 50만 원 상당을 판매하였다.

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

Summary of Evidence

1. Legal statement of witness E;

1. Investigation reports (Detection of offenses within development-restricted zones);

1. Land use planning confirmation personnel and forest land register;

1. Application of statutes on site photographs;

1. Article 31(2)1 of the Act on Special Measures for the Designation and Management of Areas of Restricted Development concerning facts constituting a crime, Article 31(2)1 of the Act on Special Measures for the Designation of Areas of Restricted Development and Punishment (the installation of unauthorized Temporary Facilities within Areas of Restricted Development), Article 97 Subparag. 1 of the Food Sanitation Act, Article 37(4) of the Food Sanitation Act (the operation of Unreported

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

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;