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(영문) 부산지방법원 2015.01.15 2014고정2071
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who operates a general restaurant in the name of "E" and "F" and a resting restaurant in the name of "G" in Busan Jung-gu.

Where a person engaged in general restaurant business or resting restaurant business changes the area of his/her place of business, he/she shall report it to the head

On January 13, 2014, without reporting to the head of the competent Gu, the Defendant changed the business site area of “E” from 153.31 square meters to 211.17 square meters (57.86 square meters). The Defendant changed the business site area of “F” from 125.85 square meters to 158.35 square meters (32.50 square meters), and changed the business site area of “G” from 206.62 square meters to 257.09 square meters (50 square meters).

Summary of Evidence

1. Attachment of a report on the results of reinforcement and investigation;

1. Report on the results of computer inquiry on whether to report changes, the management ledger for permission for food service business, the follow-up inspection of administrative dispositions, the business report certificate and the business registration certificate;

1. Protocols of examination of witnesses for each of the places of examination (Supplementary District Court Decision 2014Gudan339, 346, 353);

1. Application of Acts and subordinate statutes to photographs of business sites and photographs of removal of outdoor business facilities other than reported business places;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning the applicable criminal facts, the selection of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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