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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

1. The Defendant in violation of the Food Sanitation Act is a person who operates a mutually cafeteria called “C” in Gangnam-gu Seoul Metropolitan Government B.

Any person who intends to modify important matters, such as the location of a place of business and the area of a place of business, among matters reported to the competent authorities, shall report such fact to the competent authorities.

Nevertheless, the Defendant, without reporting to the competent authority from July 2016 to August 2016, established five square meters in the size of four square meters per unit in the river located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, from the beginning of his/her place of business, to the end of his/her place of business, and operated a general restaurant in a way of cooking and selling the said place of business to the customers who found the said place of business and raising sales of the sum of KRW 20,293,600 during the said period.

2. The Defendant violated the Act on Special Measures for the Designation and Management of Areas subject to Development Restriction from July 2016 to August 2016, the Defendant installed structures by providing the customers who found the said places of business to use the said places of business, without obtaining permission from the competent authorities, in the river located in the development restriction zone, from July 2016 to the end of August 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate, location map, and evidence photograph of the business report;

1. Application of Acts and subordinate statutes to reports on criminals, investigation reports (joint issuance of official cadastral records), and land use planning confirmations, land registers, and investigation reports (C credit card sales confirmation reports);

1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the occupation of general restaurant business), the proviso to Article 31 (2) 1 and Article 12 (1) of the Act on Special Measures for Designation and Management of Areas subject to Restriction on Development (the occupation of installing non-profit structures within the development restriction zone) of the same Act, and the selection of each fine;

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 of the Criminal Act to attract a workhouse.