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(영문) 부산지방법원동부지원 2020.10.14 2020고단491

식품위생법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant business in the name of "C" in Busan-gun B.

A person who intends to operate a general restaurant business shall prepare facilities meeting the standards and report to the head of the competent Si/Gun/Gu.

Nevertheless, the Defendant, without reporting to the head of the competent Gun from April 17, 2018 to February 28, 2020, prepared and sold alcohol and food to unspecified customers, including 4-person tablers, 5-person tablers with a size of approximately 120 square meters from around 17, 2018 to February 28, 202, with a kitchen facility such as a cooling house, 2-person heating house, cooking house, cooking machine, etc., and conducted general restaurants with an average of KRW 20,00 per day.

Summary of Evidence

1. The defendant's legal statement to detect and report (unreported) any business establishment in violation of the Food Sanitation Act, request for criminal punishment measures and the application of statutes on site photographs;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is three times the sentencing of the provisional payment order, and the business continues even if it had two or more times the same place of business.

However, the fact that the defendant reflects the defendant, the so-called "living style" business seems to have considerable profits from the crime of this case, the circumstances of the crime, and all other circumstances revealed in the process of the records and arguments of this case shall be comprehensively considered to determine the punishment as ordered.