beta
(영문) 대전지방법원 서산지원 2018.05.17 2018고정49

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant in the name of “C” at the Yaeaeannam-gun B bathing beach parking lot.

Any person who intends to operate a resting restaurant shall, pursuant to the provisions of Article 37 (4) of the Food Sanitation Act, report to the head of the Gun (the competent authority) for each type of business or each place of business as prescribed by the Presidential Decree.

Nevertheless, from October 3, 2017 to October 14, 2017, the control day, the Defendant, using vehicles (D, 7.5 tons), sold to many and unspecified people an average amount of KRW 50,000 per day by preparing a coffee, strawer, a pair of tea, a pair of steel tea, abridge, and other cooking facilities at the location of the said vehicle (D, 7.5 tons), without reporting the business to operate the restaurant with “C”.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate;

1. Application of Acts and subordinate statutes to photographs of current status of unreported business establishments;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;