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(영문) 서울동부지방법원 2020.02.20 2019고단3969

식품위생법위반등

Text

Defendant

A A shall be punished by a fine of five million won and by a fine of two million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violating the Food Sanitation Act is a person who operates a package in the name of “C”.

The Defendant, without reporting to the competent authority from May 18, 2019 to October 20, 2019, installed 10 tables and 40 chairs and cooking facilities on the road, and sold alcoholic beverages, etc. to the needy customers, and sold alcoholic beverages, etc. to make up sales at an amount of KRW 500,000 per month.

(b) Any person who intends to build, rebuild, alter, or remove any structure, object, or other facility in violation of the Road Act or occupy and use a road for any other reason shall obtain permission from a road management authority;

Nevertheless, the defendant is without permission.

At the same time, such as paragraph (1), ten tables and 40 chairs were installed to occupy and use roads.

2. Defendant B

A. The Defendant violating the Food Sanitation Act is a person who operates a package in the name of “E”.

At around 01:20 on September 12, 2019, the Defendant, without reporting to the competent authorities, installed three tables and 12 chairs on the road, and installed cooking facilities on the road, sold alcoholic beverages, etc. to irregular customers, and sold them at a level of KRW 100,000 per month.

(b) Any person who intends to build, rebuild, alter, or remove any structure, object, or other facility in violation of the Road Act or occupy and use a road for any other reason shall obtain permission from a road management authority;

Nevertheless, the defendant is without permission.

At the same time, such as paragraph (1), three tables, 12 chairs, and 1 Liak were installed and occupied roads.

Summary of Evidence

1. Defendants’ legal statement

1. A report on the occurrence of a road;

1. Application of statutes on site photographs;

1. Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (1) of the Road Act, and Article 37 of the same Act concerning criminal facts.