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

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

Punishment of the crime

1. The Defendant in violation of the Food Sanitation Act is a person who operates a general restaurant with the trade name “C” in Gangnam-gu Seoul Metropolitan Government B, which is a development restriction zone.

Any person who intends to operate a general restaurant business shall be equipped with legitimate facilities, etc. under the provisions of the Food Sanitation Act and shall report his/her business to the head of the competent Gu.

Nevertheless, the Defendant did not report the business to the head of Gangseo-gu, Seoul, without reporting the business to the head of the Gu. From July 16, 2014 to September 6, 2016, the Defendant installed three gas bags and two air conditioners, etc. at the place of business located in the area of approximately 99 square meters. From July 8, 2016 to August 10, 2016, the Defendant, from around 85 square meters adjacent to the said place of business, installed a cooking facility, including about 10 gas bags and 17 water table, and prepared and sold a chickens, etc. to customers, and operated a general restaurant business.

2. Any person who violates the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction may, when he/she intends to install a structure, change the form and quality of land, etc. in a development restriction zone, do such act with the permission of the head

Nevertheless, on July 8, 2016, the Defendant, without obtaining permission from the head of Gangnam-gu, installed 17 square meters in size in the state-owned land located in Gangseo-gu Seoul Metropolitan Government E, which is a zone subject to the restriction on development for profit, and installed structures such as 17 square meters in size and prefabricated-style tent.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. On-site photographs;

1. Land register, certificate of land use plan, location map, and illegally on-site photographs;

1. Application of Acts and subordinate statutes for investigation reports (exploitation of illegal acts, etc. within development restriction zones);

1. Article 97 Subparag. 1 of the Food Sanitation Act, Article 37(4) of the Act on Special Measures Concerning the Designation and Management of Areas subject to Restriction on Development (the occupation of a general restaurant business that is not reported), the proviso to Article 31(2)1 and Article 12(1) of the Act on Special Measures for the Designation and Management of Areas subject to Restriction on Development (the occupation of an unauthorized structure for profit within a development restriction zone) concerning criminal facts, and each of the fines shall be punished.