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(영문) 인천지방법원 2019.04.26 2019고정582
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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 general restaurant in the name of “C” in the Nam-gu Incheon Metropolitan City B.

Any person who intends to operate a general restaurant business shall be equipped with the relevant facilities and equipment and report on the business of "general restaurant" to the head of the competent Si/Gun/Gu.

Nevertheless, according to the evidence duly adopted and examined by this court from February 21, 2018, the Defendant, without reporting general restaurant business to the competent Gu office, was issued a summary order of KRW 5 million as a crime of violating the Food Sanitation Act at the Incheon District Court on February 20, 2018 and the above summary order became final and conclusive.

The facts constituting the crime or the facts constituting the crime of the above violation of the Food Sanitation Act, which became final and conclusive, are all the crimes committed by a single criminal intent, and the effect of the above final and conclusive summary order extends to the part committed prior to the issuance of the summary order. In light of such circumstances, the prosecutor applied for the modification of the bill of amendment from February 21, 2018 to "from February 21, 2018" verbally in this court on April 19, 2019, and agreed by the defendant. The court approved the modification of the bill of amendment.

Until January 17, 2019, around 50 square meters, a general restaurant was operated by selling approximately KRW 43,420,000 per month average monthly sales of KRW 43,420,00 per annum to unspecified customers with all business facilities, such as cooling 2, gas siren 2, table 40, water purifier 1, and water purifier 2, and alcoholic beverage cooling 4, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Written confirmation and related photographs;

1. A report on investigation (the change of the criminal period);

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