beta
(영문) 대구지방법원 상주지원 2016.10.18 2016고정91

식품위생법위반

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who operated “C” between around August 2015 and March 5, 2016, from around March 5, 2016.

1. Those who intend to engage in resting restaurant business shall report to the Minister of Food and Drug Safety, the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu, by type of business or place of business

The same shall also apply to the modification or closure of the important matters prescribed by Presidential Decree among the reported matters.

Nevertheless, the Defendant was transferred from D on August 2015, and was engaged in resting restaurant business and did not report succession to the business.

2. The business operator or an employee of a food service business establishment shall not receive money and valuables in return for temporary requirements beyond his/her place of business, or shall not encourage or impliedly encourage such acts of employees;

Nevertheless, at around 20:00 on March 3, 2016, the Defendant violated the code of practice by allowing G customers, other than H, to sit together with one employee, on condition of receiving the service fee per hour outside the place of business, and allowing G to sit together with one employee, other than G, on condition of receiving the service fee per hour from outside the place of business, and allowing G to receive KRW 20,000 and 100,000 employees in name.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of G or D;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant legal provisions concerning criminal facts, subparagraph 1 of Article 97, Article 37 (4) of the Food Sanitation Act that choose punishment, Article 97 (4) of the same Act, subparagraph 6 of Article 97 and Article 44 (1) of the Food Sanitation Act (which fails to observe the matters to be observed by business operators), and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;