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(영문) 대구지방법원 2018.12.14 2018고정966

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 300,000.

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 business without trade name in the family office located in Daegu B.

A person who intends to cook and sell food shall be equipped with a legitimate facility pursuant to the relevant Act and shall conduct a business after reporting to the head of the competent Gu.

From April 1, 2018 to April 20, 2018, the Defendant, without filing a general restaurant business report with the head of the competent Gu, equipped with one cooling room with approximately 79 square meters in the area of the business site in question, and with other necessary facilities, such as 1, 1, 1, and 4, etc., and prepared and sold 5,000 won on a daily basis to unspecified customers at home, and operated a general restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is the primary offender, the size of the defendant's business is small and the extent of the violation of the Act is weak);