A defendant shall be punished by a fine of 500,000 won.

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

Punishment of the crime

The defendant is a person who runs a restaurant business under the trade name of "D" in Chungcheong City C.

A general restaurant operator shall report to the head of a Si/Gun/Gu when he/she alters the area of a place of business.

Nevertheless, on June 21, 2016, the Defendant voluntarily installed 4 pages at the right-hand side of the main entrance, which is not a place of business reported at around 21:43 on June 21, 2016, and changed the size of a place of business of about 10 square meters, and operated a general restaurant business without reporting to an administrative office.

Summary of Evidence

1. The defendant's partial statement in court (the purport that a table is installed as stated in its reasoning);

1. A protocol concerning the examination of the police officers of the accused;

1. Investigation report (re-verification of whether the defendant's establishment is involved in the E business);

1. The defendant asserts that the defendant's accusation ( although the above table was installed, he does not use it as the place of business.

However, even according to the Defendant’s statement, it is reasonable to view that the Defendant’s act of installing a table as stated in its reasoning extended the area of “place of business” as stipulated in Article 26 subparag. 4 of the Enforcement Decree of the Food Sanitation Act, in light of the following: (a) many customers provided food drinks at one time on the day of the instant case, as alleged by the Defendant; and (b) even if there is only a fact that he provided food drinks at that place, in light of the size of the installed table table and so on, the Defendant appears to have continuously and repeatedly expressed his intent to engage in entertainment at that place.

We cannot accept the above argument.

Application of Statutes

1. Article 97 Subparag. 1 and Article 37 Subparag. 4 of the former Food Sanitation Act (amended by Act No. 14022, Feb. 3, 2016) on criminal facts and the option of punishment (amended by Act No. 14022, Feb. 3, 2016)

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

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.