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(영문) 서울서부지방법원 2018.10.25 2018고정790
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

The Defendant is a person who leases part of the trade name “C” in Jongno-gu Seoul Metropolitan Government and operates a food entertainment business (affiliated restaurant).

Any person who intends to operate a food entertainment business shall be equipped with the facilities prescribed by the relevant statutes and shall report to the head of the competent authority for each type of business or each place of business.

However, the Defendant, without filing a report on food entertainment business from December 1, 2017 to May 17, 2018, operated a restaurant with an average of 6 million won per month, by cooking and selling ice cream and fruits against many and unspecified persons visiting a business establishment with facilities, such as cryp and juries, in a place of business of a size equivalent to 2 square meters in the above location from May 17, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of D’s written statements, business site photographs, and confirmation Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment for a crime: Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act (Selection of a punishment);

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

1. Provisional payment order: The sentencing period and size of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the circumstances such as the defendant's illegal business, and the same kind of power as the defendant;

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