Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A person who intends to engage in food service business shall report to the Commissioner of the Korea Food and Drug Administration or the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, and any person who intends to develop and utilize groundwater shall obtain prior permission from
Nevertheless,
1. From September 10, 2012 to November 13, 2012, the Defendant, without reporting to the competent authorities, engaged in food service business by selling skings, electric gear, 795,720 won per day to many unspecified customers by selling skings, electric gear, softs, beer, beer, beer, beer, etc., and selling an average of KRW 795,720 per day.
2. The Defendant used groundwater by using the groundwater development facilities without obtaining permission from the competent authorities for the date and time, place, and without obtaining the date and time stated in paragraph 1, using the groundwater development facilities to use the groundwater for the purpose of washing the groundwater contaminated with the water quality test level higher than the standard level for drinking water quality.
Summary of Evidence
1. Defendant's legal statement;
1. Report on investigation (report on detection of business places violating the Food Sanitation Act);
1. A report on water quality testing;
1. Application of statutes on site photographs;
1. Relevant legal provisions concerning facts constituting an offense, Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act, Article 37 subparagraph 1 of the Groundwater Act, Article 7 (1) of the same Act, the choice of imprisonment with prison labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution (including the fact that there is no same kind of power, gender, age, power, health status, economic situation, etc. of the defendant);