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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 became final and conclusive.
Reasons
Punishment of the crime
A person who intends to operate a rest restaurant business shall report to the Minister of Food and Drug Safety or the head of a Si/Gun/Gu.
Nevertheless, the Defendant, without reporting to the Minister of Food and Drug Safety or to the head of a Si/Gun/Gu from November 18, 2016 to August 4, 2017, operated a resting restaurant with the trade name “D” in Gyeonggi-gun C, equipped with cooking equipment, such as frying machines, etc., and prepared and sold a unique map, which is necessary for customers who found out the place, and raised sales of approximately KRW 500 million per year.
Summary of Evidence
1. Statement by the defendant in court;
1. E statements;
1. Each value-added reference material;
1. A written accusation;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant Article of the Act on Criminal facts and subparagraph 1 of Article 97 and Article 37 (4) of the Food Sanitation Act (Optional to Imprisonment with prison labor);
1. Comprehensive consideration of favorable circumstances, such as the circumstance that the defendant for the reason of sentencing under Article 62(1) of the Criminal Act was punished several times for the same kind of crime, and there is no record of punishment heavier than that of a fine, such as the situation where the defendant was punished several times for the same crime, and the situation that the risk of recidivism is low by reporting the business after the crime