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(영문) 의정부지방법원 2017.12.20 2017고단4827

식품위생법위반등

Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B is the father of D, who is the owner of the land and the building on the ground in Namyang-si, and the person who is entrusted by D with the management of the above land and the building on the ground, and the defendant A is the person who operates a general restaurant in the trade name of "E" at the above place.

1. Defendant A

(a) Any person who violates the Food Sanitation Act shall make a business report under the Food Sanitation Act to the competent authorities in order to operate the general restaurant business;

From September 2016 to August 8, 2017, the Defendant did not report to the competent authority, and operated a general restaurant business in a space of 40 square meters in the name of “E” at the same place, with the same equipment, such as a cooling room, 2, 1, gas sirens, and strawls, etc., and prepared and sold the chills, ducks, etc. to customers, and selling alcoholic beverages.

(b) Anyone who has violated the law on the conservation of small rivers shall obtain permission from the competent authority to occupy and use a small river;

From September 2016 to August 8, 2017, the Defendant occupied and used land without obtaining permission from the competent authority, by installing 12 artificial structures, such as a flat 12 square meters, in F, a small river area near the above place, and operating a restaurant.

2. On September 12, 2016, Defendant B, despite being aware of the fact that he operated a general restaurant without reporting to the competent authority as described in Article 1-1(a), Defendant B made it easy to commit the crime by leasing the land and the ground buildings located in C in Namyang-si, Namyang-si, under the condition that he would receive KRW 30,000,000,000,000,000,000,000,000,000,000.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Application of a business certificate, written accusation, written statement, field photograph, the current status of the management of G restaurant, building register, public land register, annual register, real estate lease contract, and business registration certificate, statutes;

1. Relevant Articles of the Act concerning the facts constituting the crime;