A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The Defendant, without obtaining permission from the competent authority on April 2002, constructed a temporary building on 48 square meters of 1,66 square meters of 1,66 square meters in Gangnam-gu Seoul, Gangnam-gu, Seoul, which is a development restriction zone, and used it as a restaurant.

On August 9, 2017, the Defendant violated the above corrective order by failing to comply with the corrective order issued under the name of the head of Gangnam-gu to restore the aforementioned illegal facts to its original state by September 8, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation or accusation against an illegal actor within the development restriction zone;

1. Corrective orders for illegal acts within the development restriction zone and requests for correction of illegal acts within the development restriction zone;

1. Application of Acts and subordinate statutes on land ledger;

1. Article 32 subparagraph 2 of the Act on Special Measures for Designation and Management of Areas subject to Restrictions on the Selective Development of Punishment and Punishment for Criminal Facts (Selection of Imprisonment with prison labor) and Article 30 (1) of the same Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is that the Defendant has maintained illegal buildings for at least 15 years, and the Defendant has been sentenced to five times from 2008 to 2016 as illegal buildings in this case, which were operated as restaurants, the Defendant is selected to be sentenced to imprisonment, but has not been removed as a means to maintain his livelihood, and the above restaurant has expressed its intention to arrange the above restaurant, and the execution of the sentence is to be suspended and the execution of the sentence is to be determined as per the order.