A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

1. Any person who intends to use or occupy fishery harbor facilities violating fishing villages and fishery harbors shall obtain permission from the fishery harbor management authority;

Nevertheless, from September 2015 to August 30, 2016, the Defendant parked the E-cargo equipped with a banner of “D” without obtaining permission from the managing authority of the C-harbor located in the C-harbor area, which is a facility of the State-owned fishery harbor located in B, and occupied the fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor.

2. Any person who intends to operate a resting restaurant business shall report to the competent authorities on each type of business or each place of business in accordance with the relevant regulations;

그럼에도 불구하고 피고인은 제 1 항 기재 일시ㆍ장소에서 관할 관청에 신고하지 아니하고 ‘D’ 이라는 현수막이 설치된 E 화물차에 기름 솥과 버너를 설치하여 그 곳을 찾은 불특정 다수의 사람들을 상대로 핫도그, 오뎅, 떡볶이, 라면 등을 조리하여 판매함으로써 무신고 휴게 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. On-site photographs;

1. Application of Acts and subordinate statutes of the Motor Vehicle Registration Register;

1. Article 60 (2) 3 of the relevant Act and Article 60 (2) of the Fishing Villages and Fishery Harbors that choose the punishment, the main sentence of Article 38 (1) (unauthorized occupation and use of fishery harbor facilities, selection of fines), Article 97 subparagraph 1 of the Food Sanitation Act, and Article 37 (4) of the Food Sanitation Act (the occupation of a restaurant for which no report is filed and of a fine is selected);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, etc. of Provisional Payment Order, based on all the circumstances, such as the confession of and reflects against the criminal defendant, the fact that there is no criminal history, and the content of the instant crime and the degree of violation, shall be sentenced to the sentence identical to the order of the defendant.