A person who intends to engage in general restaurant business shall report to a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si

The Defendant, without reporting to the competent authority from around 2016 to May 24, 2019, operated a general restaurant in the name of “C” in the name of “C” from around 2016 to around 24, 2019, operated a general restaurant by having a cooking instrument, such as gas bags, and 18 marries, etc. and selling to many unspecified customers approximately KRW 1,453,374,860 in total sales.

Summary of Evidence

1. Defendant's legal statement;

1. Certification of value-added tax base and inquiries into credit card sales data;

1. Application of statutes on field photographs;

1. Article 97 subparag. 1 of the Food Sanitation Act, Articles 37(4) of the Act on the Punishment of Specific Crimes, and Article 97 subparag. 1 and 37(4) of the Food Sanitation Act, the Defendant, who had the reason for sentencing a sentence of imprisonment, operated an unreported restaurant business over three years, and the sales from the business are very high to at least one billion won

The defendant has already been punished as a violation of the Food Sanitation Act while operating a similar restaurant, and has continued to commit a violation even when the investigation of the case is underway.

The sentence of a fine or suspension of the execution of imprisonment with labor cannot be permitted because the purpose of legislation of the Food Sanitation Act is ambiguous and the actual waiver of the exercise of adequate penal authority.

The sentence of imprisonment with prison labor shall be imposed, and the sentence shall be determined as per the order, considering the period of a violation of the Act, the profits acquired by the defendant, etc.