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(영문) 대전지방법원 서산지원 2019.07.25 2019고정85

식품위생법위반

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates a food service business without reporting at a place near the Port of Seosan-si in Seosan-si.

When any person intends to engage in food entertainment business after cooking and selling foods, etc., he/she shall be equipped with legitimate facilities prescribed by the Food Sanitation Act and make a business report to the competent Mayor and operate such business.

Nevertheless, from September 7, 2018 to October 7, 2018, the point of time for enforcement, the Defendant was equipped with a light truck vehicle (vehicle number B) with the equipment, such as fluoring, etc., and prepared and sold to many unspecified people who find a place of business, and operated a non-reported food entertainment business with daily average of KRW 10,000,000.

Accordingly, the defendant violated the Food Sanitation Act.

Summary of Evidence

1. Defendant's legal statement;

1. A written confirmation of violation;

1. Application of Acts and subordinate statutes of control report;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act that choose a penalty;

1. Article 11 and Article 55 (1) 6 of the Criminal Act for mitigation of deaf-mutes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;