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Defendant shall be punished by a fine of KRW 15,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[Fact-finding] The E-water source protection area in the Namyang-si, Namyang-si, in accordance with the Water Supply and Waterworks Installation Act on July 9, 1975, is located in the E-water source to supply clean water to citizens about about 25 million in the Seoul Metropolitan area.
In order to protect water quality, etc., the development of the water source protection zone is extremely limited, and new restaurants cannot enter. With the development of traffic between the last 20 years, the number of floating population for viewing natural landscape such as F, G, and H has increased drastically, the number of unreported restaurants began rapidly by residents of the relevant region and outside people.
The owners of the above restaurants have used the circumstances in which new restaurants could not enter, raising a lot of profits by operating them exclusively, reducing the size of business to avoid heavy punishment, and continuously operated illegal restaurants in the name of another person, such as family members and branch members, while being punished for minor punishment under the name of another person.
[Criminal facts] In order to conduct a general restaurant business, anyone shall report the business in accordance with the Food Sanitation Act to the competent administrative agency.
The Defendant, without reporting to the competent authority from January 2016 to January 2017, with the trade name of “J” and “K” in Nam-si, Nam-si, a water source protection area, operated a general restaurant business with an annual average of KRW 160 million and sales of at least KRW 13 million on an average to customers.
Summary of Evidence
1. Statement by the defendant in court;
1. A written accusation, a written statement, a field photograph, a suspect examination report (L replacedation), an investigation report (as a result of confirmation of the land use regulation system against the J, K land, J, or K unreported business decisions);
1. Application of Acts and subordinate statutes to inquiries, such as criminal history;
1. Article 97 Subparag. 1 and Article 37 Subparag. 4 of the Food Sanitation Act concerning criminal facts and selective punishment.