A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to operate a general restaurant business shall meet the requirements under the Acts and subordinate statutes on food sanitation and report it to the competent authority.

Nevertheless, the Defendant, without filing a report with the head of the Busan Gun Office from March 22, 2013 to September 28, 2017, operated a general restaurant business by having approximately 60 square meters from the “C” restaurant operated by the Defendant in the Busan Gun captain-gun, equipped with cooking facilities, such as guest seat, cooling, and gas facilities, sold to many unspecified customers visiting the said restaurant, and operated a general restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing the control of illegal restaurant business activities, photographs of business places, investigation reports (report on sales taxation data) and investigation data replys to food entertainment business places in the waterworks protection zone;

1. Subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense, and selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an unfavorable circumstance, where the crime of this case is already committed in the same place and continues to run an illegal restaurant business even after having been issued a summary order, and the nature of the crime is not less than that of the crime. The defendant is viewed to continue to run the business until now, the size of the business has not been small, and the defendant has three criminal records of the same kind.

However, the fact that the defendant recognizes the facts charged is favorable circumstances.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.