If the defendant does not pay the above fine, 50,000 won.

Any person who intends to conduct general restaurant business shall report to the Commissioner of the Korea Food and Drug Administration, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

그럼에도 불구하고 피고인은 2009. 4.경부터 2012. 10. 22. 00:05경까지 부천시 원미구 C 앞 노상에서, 관할관청에 신고하지 않고, 탁자 30개, 대형 냉장고 1개, 수족관 5개 등 시설을 설치해 놓고 `D`라는 상호로 꼼장어, 닭발, 똥집, 오돌뼈, 전어, 광어 등의 음식을 조리하고, 소주 등 주류와 함께 위 음식을 손님들에게 판매하여 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Ethical letters;

1. Report on occurrence (Violation of the Food Sanitation Act);

1. Control note;

1. Investigation report (field status, etc.) - Application of Acts and subordinate 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. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. For sentencing of Article 334(1) of the Criminal Procedure Act on the grounds of sentencing of the order of provisional payment, a fine of high amount shall be imposed in consideration of the period, size, profits therefrom, Defendant’s records, and the fact that the instant crime was committed again even after the first offense was committed: Provided, That the business is suspended until the lawful permission is obtained and removed, etc.