Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

A person who intends to change the use of a building approved for use as a single house belonging to the group of residential and business facilities in an urban area to a resting restaurant belonging to the group of living facilities in neighboring areas shall obtain permission from the competent authority, and a person who intends to change the use of a building in the development restriction zone shall obtain permission from the competent authority, and a person who intends to change the use of a building in the water-source protection zone shall obtain permission from the competent authority.

Nevertheless, the Defendant, without obtaining permission from the competent authority around August 22, 2015, changed the purpose of use into a coffee store, which is a restaurant with the trade name of “C” and a coffee store with a floor area of 58.59 square meters and a store with a floor area of 40.41 square meters, which is a water source protection area, used as a detached house in Namyang-si, Namyang-si, a water source protection area.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of investigation of offenses;

1. General building ledgers, certificates of all matters to be registered, current status of buildings, and respective land utilization plans;

1. On-site photographs ( April 6, 2016), and business registration certificates;

1. Application of statutes on site photographs;

1. An act of continuing to be used for a changed purpose by a successor to a building, the use of which has already been changed under Articles 108(1) and 19(2)1 (the point of non-permission change) of the Building Act on criminal facts also constitutes an act of changing the purpose of use under the Building Act (see Supreme Court Decision 2013Do2630, Jun. 27, 2013). Article 32 subparag. 1 and the proviso to Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (the point of changing the non-permission use), Articles 83 subparag. 1 and 17(4)1 of the Water Supply and Waterworks Installation Act (the point of changing the non-permission use)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment (a confession and reflective fact, and a person who has no previous record of the same kind);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;