Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The defendant is operating a restaurant with the trade name "C" from a temporary building located in the Gu and Si B.

1. Anyone who violates the Act on Urban Parks, Greenbelts, etc. shall obtain permission for the occupation and use of the competent authority from any person who intends to build facilities, buildings or structures, other than facilities necessary for creating greenbelts in greenbelts;

Nevertheless, from April 2004 to June 22, 2017, the Defendant installed a temporary building for the operation of a restaurant using a pipe, steel plate, tent, etc. without obtaining permission from the competent authority on the land of 223 square meters located in the above place located in a natural green area, which is a natural green area.

2. Any person who intends to run a food entertainment business, such as general restaurant business in violation of the Food Sanitation Act, shall obtain permission from the competent authority for each type of business or each place of business, as prescribed by Presidential Decree;

Nevertheless, from July 8, 2014 to June 22, 2017, the Defendant installed at the above location, and without obtaining permission from the competent authorities, approximately 30 kitchens, tables, etc. in the above temporary building, and operated a general restaurant business that sells food, such as duckss and kitchens.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to request cooperation in investigation (C), to new materials, and to report on investigation (on-site confirmation and attachment of photographs);

1. Article 53 Subparag. 2 of the relevant Act and Articles 38(1) of the Urban Parks, Greenbelts, etc. Act concerning criminal facts, Articles 97 Subparag. 1 and 37(4) of the Food Sanitation Act, and selection of fines, respectively;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is illegal period and size of sentencing, the restoration of the original state is not yet completed, the fact that a fine of KRW 1 million has been issued due to a violation of the Food Sanitation Act in 2014, and the time of committing a crime.