A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

1. The Defendant violated the Act on Special Measures for Designation and Management of Areas of Restricted Development is the user of B, C, D, E, and F in Yangju-si, Gyeonggi-do.

No one shall construct buildings, change their use, install structures, change the form and quality of land in a development restriction zone without obtaining permission from the head of the competent Si/Gun/Gu.

Nevertheless, on May 2009, the Defendant constructed a warehouse of approximately 24 square meters in a steel pole and a tent without obtaining permission from the competent authority, which is a development-restricted zone.

In addition, from around that time to July 2013, the Defendant constructed a building with a total of 702 square meters of business place as shown in the attached Table of Crimes List, and changed the form and quality of a dry field with a total of 12 square meters of business place as well as 2,000 square meters into a playground and a business site.

2. Any person who violates the Food Sanitation Act shall report to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu;

그럼에도 불구하고 피고인은 2011. 6.경부터 2013. 7. 25.경까지 제1항과 같은 장소에서 관할관청에 신고하지 아니하고 가스레인지, 냉장고, 씽크대, 조리대 등 조리시설을 갖추고 닭볶음탕 등 음식을 조리하고 판매하여 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. The statement of the public official in charge of G and the statement of H;

1. Application of Acts and subordinate statutes to field photographs, written confirmation of land use plan, land register, and control site photographs;

1. Article 32 subparag. 1 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Punishment concerning facts constituting an offense, Article 32 subparag. 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 Article 97 subparag. 1 of the Food Sanitation Act and Article 37(4) of the same

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