Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Any person who intends to alter the purpose of use of a building in a water-source protection area designated and publicly notified by the Minister of Environment or a restricted development area, shall obtain permission from the competent authority;

Nevertheless, on October 15, 2014, the Defendant changed the use of the building designated as the retail store for the Class 1 neighborhood living facilities (area 12 square meters) into the rest restaurant for the Class 1 neighborhood living facilities without obtaining permission from the Gyeyang-gun Office in the Gyeonggi-do, which is a zone subject to restriction on the development of interest on the water source protection area.

2. Any person who intends to engage in the business of manufacturing, processing, transporting, selling and preserving foods or additives shall file a report with the relevant administrative agency;

Nevertheless, on June 22, 2016, the Defendant provided 12 square meters of the place indicated in the above paragraph (1) at the upper store of 12 square meters, and prepared and sold coffee, etc. to customers.

From October 2015 to June 22, 2016, the Defendant, including this, operated a resting restaurant with an average of KRW 200,000 per day after cooking and selling coffee by the aforementioned method.

As a result, the Defendant illegally carried on food sales business without reporting to the Bupyeong-gu Office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. The register of building management (B), the land use plan confirmation source (B);

1. On-site photographs;

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

1. Subparagraph 1 of Article 83 of the Water Supply and Waterworks Installation Act, Article 7(4) (the point of use of a building without permission for a protection zone for water source protection), Article 32 Subparag. 1 of the Act on Special Measures for Designation and Management of Development Restriction Zones (the point of use of a building without permission for a development restriction zone), the proviso to Article 12(1) (the point of use of a building without permission for a development restriction zone), Article 97 Subparag. 1 of the Food Sanitation Act, and Article 37(4) (the point of operation of a non-reported restaurant) of the same Act on criminal facts;

1. The Commercial Concurrent Crimes Act.