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(영문) 수원지방법원 2015.12.14 2015고단4688
식품위생법위반
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Defendant shall be punished by a fine of KRW 7,000,000.

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 mutual general restaurant called “C” in Suwon-si, Suwon-si B.

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, by type of business

Nevertheless, from around December 10, 2014 to August 3, 2015, the Defendant, without filing a business report with the competent Gu office, operated a place of business of approximately 110 square meters with facilities, such as a kitchen, guest seat (four-person table table x 10), and an accounting unit, and prepared and sold food worth KRW 8.5 million monthly average to many unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Business registration certificate;

1. Application of statutes on field photographs;

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

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

1. The sentence like the order shall be imposed considering the following circumstances: (a) the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: (b) the defendant repeats the same offense over a considerable period of time; (c) unfavorable circumstances such as the defendant taking a large amount of profit through a unreported business; (d) the fact that the defendant's non-reported business was made due to the local government's policy to protect water sources; (e) the change of the local government's policy in the future; and (e) the defendant's illegal act appears to be able to be corrected; and (e) the defendant's suspension of unreported business until that

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