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(영문) 수원지방법원 성남지원 2015.06.05 2015고정279
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities.

Nevertheless, on the rooftop of building size of 140 square meters in Seongbuk-gu, Sungnam-si around September 2014, the Defendants: (a) installed content 15 in the place; and (b) Defendant B sold 15 in the place to unspecified customers, and (c) sold cryp, cryp, Spana bonds, etc., so that customers can drink in the above content without reporting it to the competent authority; and (b) operated general restaurant business in which customers can drink in the above content without reporting it to the competent authority, and the profits therefrom are divided.

Accordingly, the Defendants conspired to operate a general restaurant business in the name of “F” at the same place without reporting the business from around that time to October of the same year.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. On-site photographs;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. The Defendants: Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act and Article 30 of the Criminal Act;

1. The Defendants and the defense counsel on the assertion of the Defendants and the defense counsel under Articles 70(1) and 69(2) of the Criminal Act concerning the detention in the workhouse asserts that the Defendants cannot be viewed as the general restaurant business since they did not prepare and sell food on their own.

According to Article 13 (1) 7 and Article 7 (8) 8 (b) of the Enforcement Decree of the Food Sanitation Act based on delegation of Article 22 (5) of the Food Sanitation Act, an ordinary restaurant business which is one of the food service businesses is "business of cooking and selling food and drinking together with meals is allowed." Here, "business of cooking and selling food" means "business of cooking and selling food," and it is reasonable to interpret "business of cooking and selling food" as "business of cooking and selling food."

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