The Defendant is a person who operates a general restaurant in the name of “C” in the Dongdaemun-gu Seoul Metropolitan City.

Anyone who intends to operate a general restaurant shall report to the head of the competent Si/Gun/Gu.

그럼에도 불구하고 피고인은 2013. 8. 28.경부터 2014. 7. 21.경까지 관할관청에 신고하지 않고 위 장소에서 82.5㎡ 상당의 영업점에 좌식용 식탁 19개, 가스렌지 6대, 냉장고 3대 및 기타 조리 기구 등을 갖추고 식사를 하러 오는 손님들을 상대로 비빔밥 등을 조리 판매하며 1일 평균 80만 원 상당의 수입을 올리는 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on confirmation of daily average sales);

1. Application of Acts and subordinate statutes, such as field photographs, details of sales reports, value-added taxes, reports on value-added taxes, reference materials, certificates of tax payment;

1. The reason for sentencing under Article 97 subparag. 1 of the pertinent Act and Articles 37(4) and 36 of the Food Sanitation Act for the crime of this case is that the Defendant’s fault is against his wrong when he was committed the crime of this case. The Defendant completed the report of closure of the restaurant of this case to the head of the competent tax office on January 7, 2015 and removed the restaurant facilities, etc. of this case, and the Defendant’s family members want to take the Defendant’s preference against the Defendant.

However, on September 17, 2004, when the Defendant operated the instant restaurant under the name of “D,” the Defendant was sentenced to a fine of KRW 700,000,000 for the criminal facts that he operated a non-reported general restaurant at the same place as the instant restaurant on September 17, 2004. On October 8, 2004, the Defendant was sentenced to a fine of KRW 500,00 for the criminal facts that he constructed and constructed the instant restaurant within the urban park area without permission for occupation and use on October 8, 204.