A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. The Defendant in violation of the Food Sanitation Act was a person operating a general restaurant with the trade name “C” in Gangnam-gu Seoul Metropolitan Government, and the person who intends to engage in a general restaurant business shall file a report with the competent authority on the change of the location of the place of business, the area of the place of business, etc. among the reported matters. However, from the beginning of July 2016 to the end of August 2016, the Defendant installed a passage of movement, such as 14 square meters per unit area and 10 square meters per unit in the river located in Gangseo-gu Seoul Metropolitan City, Gangnam-gu, Seoul Metropolitan City, along with the reported area of 14.2 square meters, adjacent to the above restaurant, which is located in the area of 14.2 square meters per unit, and then found the above restaurant business without filing a report on the change with the competent authority, and conducted a general restaurant business by raising sales volume of KRW 150 million during the said period.

2. The Defendant violated the Act on Special Measures for the Establishment and Management of Areas subject to Development Restriction in the same period as in the preceding paragraph, without obtaining permission from the competent authorities, installed the structures by providing the customers who found the said establishment with a passage of moving, such as steel railing, which is 4m2 square meters in a size of 14m2 per unit, and 10m3 square meters in a size, for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Investigation reports (issuance of the land register and written confirmation of land use plan), investigation reports (exploitation of offenses, etc. within the development restriction zone), and investigation reports (the details of existing business reports);

1. Application of statutes, such as a location map;

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act (the occupation of general restaurant business that is not reported), Article 31 (2) 1, and the proviso to Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the occupation of an unauthorized structure for profit within the development restriction zone) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.