beta
(영문) 서울북부지방법원 2020.05.08 2020고정538

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

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

Any person who intends to operate a general restaurant business shall report to the competent authorities on the business type or the place of business.

Nevertheless, the Defendant did not report to the competent authority, from June 13, 2019 to December 8, 2019, operated general restaurants by cooking and selling food and drink at approximately KRW 50,000 per day average to unspecified customers by having approximately 25 square meters size in the above “C” restaurant with six tables, 24 chairs, and kitchen facilities, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. A written accusation;

1. Application of statutes on field photographs;

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

1. In light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes and reflects the defendant's mistake, the current economic situation of the defendant seems very difficult, and the defendant has no criminal record exceeding the fine, a fine prescribed in the summary order shall be reduced somewhat.