A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

"2017 Highest 2214"

1. Where a person who has violated farmland Act intends to use land being used or used for a project for diversion of farmland for other purposes, he/she shall obtain approval from the head of a Si/Gun/autonomous Gu;

Nevertheless, the Defendant, from November 1, 2016 to April 11, 2017, changed the use of 2,658 square meters in Namyang-si, Namyang-si into a fish farm and changed the form of a fishing place with an admission fee of KRW 10,000 won per day without approval of the competent authority.

2. Any person who intends to run a fishing place business in inland waters, etc. shall obtain permission from the head of a Si/Gun/Gu having jurisdiction over the relevant waters, etc. as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, the Defendant artificially created inland waters and operated a fishing place without permission of the competent authorities, such as the date and time stated in paragraph 1, and the place of entry.

In order to conduct a general restaurant business, anyone of 2017's 2759 shall file a business report with the competent authority pursuant to the Food Sanitation Act.

피고인은 2016. 8. 11. 경부터 2017. 5. 26. 경까지 관할 관청에 신고를 하지 않고 남양주시 C에 있는 D 식당 건물에서 25㎡ 의 공간에 냉장고, 조리기구 등을 갖추고 찌개류, 닭볶음탕 등을 조리하여 판매하고, 주류를 판매하는 방법으로 일반 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Report on the results of a business trip, such as each accusation, statement protocol, site photograph, etc., and field photograph;

1. Application of land registers and written confirmations of land use plans;

1. Article 58 subparag. 3, Article 40(1) of the Farmland Act (the change of purpose of use of farmland for exclusive use), Article 53 subparag. 2, Article 10(1) of the Fishing Management and Promotion Act (the point of unauthorized fishing place business), Article 97 subparag. 1, Article 37 subparag. 4 (the point of non-reported general restaurant business) of the Food Sanitation Act, and Article 1.