Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “D” in Seocho-gu Seoul Metropolitan Government.

1. No person who violates the Act on Special Measures for Designation and Management of Development Restriction Zones shall construct any building or install any structure in a development restriction zone, and any person who intends to do such act may do such act with permission from the head of the competent Gu;

The Defendant, a development-restricted area, installed two temporary buildings (97 square meters, 32 square meters) on May 31, 2013, without obtaining permission from the head of the competent Gu in Seocho-gu Seoul, which is a development-restricted area, and used them for restaurant business and warehouse.

2. A person who intends to operate a general restaurant business in violation of the Food Sanitation Act shall report to the head of the competent Gu, and shall report to the head of the competent Gu any change in important matters prescribed by Presidential Decree (the name of the business operator, the area of the place of business, etc

As the Defendant used part (50 square meters) of a temporary building of the size of 97 square meters in the same place as that of paragraph (1) for the purpose of restaurant business, he/she did not report to the head of the competent Gu, even though the area of business has increased by 50 square meters compared to the area of the general restaurant business place (107.61 square meters) originally reported, and used it as a general restaurant business place from May 31, 2013 to June 26, 2013 without reporting to the head of the competent Gu.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs;

1. Confirmation of land use plan;

1. Application of Acts and subordinate statutes to investigation reports (a copy of business report);

1. Article 32 subparagraph 1 of Article 32 of the Act on Special Measures for Designation and Management of Areas of Restricted Development and the Selection of Punishment for Criminal Facts, the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas of Restricted Development and Article 97 (1) of the Food Sanitation Act, and Article 37 (4) of the Food Sanitation Act and the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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