Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in the Seo-gu Busan building Cdong, and a general restaurant in the name of “F” in the name of “D.”

1. Those who intend to operate resting restaurant business shall report to the competent Gu office;

Nevertheless, the Defendant did not report the business of resting restaurants from January 2017 to August 13, 2019, and installed business facilities, such as approximately 140 square meters (one floor on the earth), the table 15, 35 chairs, and the cooling house 7, with the trade name of “D” at the same place, and operated resting restaurant business by cooking and selling food equivalent to an average of KRW 500,000 per day, such as skins and coffees.

2. Where a person who has reported general restaurant business relocates the location of his/her place of business, he/she shall report such change to the competent Gu office;

Nevertheless, even though the Defendant reported on the business of “F” as “F, Seo-gu Building Gdong, Seosan,” the Defendant installed business facilities such as the size of 102.92 square meters from Jan. 2, 2017 to Aug. 13, 2019, using the trade name “F,” “F,” and operated a general restaurant business by cooking and selling food worth an average of KRW 4,000,000 per day, such as the Han-do fireworks, etc.

Summary of Evidence

1. The defendant's legal statement (as of the third trial date, the defendant and the defense counsel acknowledged the fact that the defendant did not report resting area business in relation to the crime of paragraph (1) of the judgment, and in relation to the crime of paragraph (2) of the judgment, the fact that the Busan Western E is an illegal building which partially invadeds neighboring land;

1. Accusation against each offender of the Food Sanitation Act;

1. Application of Acts and subordinate statutes on the business license (report) management ledger;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning the applicable criminal facts, the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70(1) and 69 of the Criminal Act for the detention of a workhouse.