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(영문) 서울서부지방법원 2019.07.11 2019고정372
식품위생법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

The Defendant is a person who operates general restaurant business in the name of “C” in Seoul Special Metropolitan City, Gwanak-gu.

A person who intends to engage in food service business shall prepare the facts prescribed by the relevant regulations and report the business to the competent authority.

Nevertheless, the Defendant, without filing a business report from September 28, 2018 to November 9, 2018, equipped with the business facilities of 33 square meters in the said place, such as a cooling house, dice cream, gas facilities, cooking facilities, 8 tables, and 30 chairs, and prepared and sold them together with alcoholic beverages, such as small and medium-sized liquor, beer, and beer, and a general restaurant with a monthly sales amounting to 1.5 million won, when selling them together with alcoholic beverages, such as small and medium-sized liquor, beer, and beer.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the written accusation, written statement, written confirmation of business without permission, and statutes governing business site photographs;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: A fine for the summary order cannot be deemed to be more severe in light of the defendant's illegal business size and the same kind of records for sentencing under Article 334 (1) of the Criminal Procedure Act;

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