Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On June 10, 2013, the Defendant: (a) around 00:20, at the front of KFC located in Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, 119-4, the Defendant, without reporting general restaurants to the head of Yongsan-gu; (b) prepared and sold a brub bru which made a mixture of carts and capital against the unspecified majority without reporting general restaurants to the head of Yongsan-gu, Yongsan-gu, Seoul; and (c) operated general restaurants.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs and written statements (at least, at the Seoul Western District Prosecutors' Office 2013 type 22564), the application of Acts and subordinate statutes;

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. The acquittal portion of acquittal under Articles 70 and 69 (2) of the Criminal Act;

1. On October 1, 2012, the summary of the charges on the violation of the Food Sanitation Act from around 00:00 to around 01:10 of the same day, the Defendant, without reporting general restaurant business to the competent authority on the roads in front of 123-33, Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu, Seoul, without reporting general restaurant business to the competent authority, and prepared and sold a brub bru which made a mixture of crub and pots against many and unspecified persons by installing business facilities, such as gas bags and cooking equipment, with a crub, and with many and unspecified persons.

Accordingly, the defendant, without reporting the business, operated general restaurants.

2. As a type of collective crime, inasmuch as the repeated act of the same kind is naturally expected due to the nature of the constituent elements of the crime, an act constituting such a business crime and an act that continues and repeated at the same place for a certain period shall be deemed to constitute one comprehensive crime, barring special circumstances (see, e.g., Supreme Court Decision 83Do939, Jun. 14, 1983). In a case where a judgment becomes final and conclusive with respect to a part of the crime with a single comprehensive crime, a judgment of acquittal shall be rendered after the res judicata effect of the final and conclusive judgment has yet to be invalidated for the crime committed prior to the time of rendering a judgment of fact