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(영문) 서울서부지방법원 2019.07.11 2019고정398

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The Defendant is a person who operates a general restaurant in the name of “C” in Seoul Special Metropolitan City, Gwanak-gu.

Any person who intends to operate a general restaurant business shall make a report on the business to the competent authority by type of business or by place of business under the conditions as prescribed by the Presidential Decree.

Nevertheless, from November 25, 2017 to December 17, 2018, the Defendant did not report general restaurant business to the competent authorities, and committed a business of raising sales amounting to KRW 1.5 million on an monthly average by cooking and selling the original white accommodation (50,000), chills (50,000), and chills (50,000) against customers who find a place of business with facilities such as a cooling house, crink, 10,000 square meters in size size of about 40 square meters in the above place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written accusation, written statement, written confirmation, on-site photographing statutes;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act;

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

1. A provisional payment order: A fine for the summary order cannot be deemed to be more severe in light of the defendant's illegal business size and the same kind of records for sentencing under Article 334 (1) of the Criminal Procedure Act;