The defendant is a person who operates food entertainment business (place restaurant) under the trade name of "D" in the military, Si, Gun, Si.

A food service provider shall not subdivide, transport, display or keep products, foods or raw materials thereof for the purpose of cooking and selling, or sell such products, foods or raw materials thereof or use them for the manufacture or processing of food.

Nevertheless, on June 21, 2017, the Defendant stored the said D coolant, which was located in Sinsan-si C, for the purpose of cooking and selling, once again destroyed goods (e.g., distribution deadline September 9, 2016), friendly, and tights ( April 14, 2017), etc., for which the distribution deadline has elapsed.

Summary of Evidence

1. Partial statement of the defendant;

1. E statements;

1. Application of a report on the result of a business trip (the result of verification of civil petition by an excursion ship), photographs related to products for which the distribution deadline has elapsed, and evidentiary statutes;

1. Subparagraph 6 of Article 97 of the Food Sanitation Act and Article 44 (1) 3 of the same Act concerning facts constituting an offense, selection of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse (100,000 won per day);

1. Part of the suspended sentence under Article 59(1) of the Criminal Act (see, e.g., Supreme Court Decision 2007Do1488, Apr. 1, 2007)

1. The summary of the facts charged is that the Defendant is engaged in food entertainment business (affiliated restaurant) under the trade name “D” in Gunsan-si, Si, Gunsan-si.

A food service provider shall not subdivide, transport, display or keep products, foods or raw materials thereof for the purpose of cooking and selling, or sell such products, foods or raw materials thereof or use them for the manufacture or processing of food.

Nevertheless, on June 21, 2017, the Defendant kept shackers, which are products of which the distribution period has elapsed, in the air conditioners located in Sinsan-si, Sinsan-si, for the purpose of cooking and selling braw brus (on November 30, 2016) and braw brus (on March 23, 2017), etc.

2. Determination

(a) the recognition of conviction in a criminal trial shall be made by a judge with a reasonable doubt;