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

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

Punishment of the crime

Any person who intends to operate a resting restaurant business shall be equipped with facilities meeting the facility standards prescribed by Ordinance of the Prime Minister and report to the competent authority, as prescribed by Presidential Decree.

그럼에도 피고인은 2016. 12. 20. 경부터 2016. 12. 23. 경까지 신고하지 아니하고 경기 가평군 B에서 34㎡ 의 조리 장 및 객석의 시설을 갖추고 오뎅, 떡볶이 등을 조리, 500원에서 2,000원 상당의 금액을 받고 판매하여 평일 2-3 만 원, 주말 5-7만 원의 매상을 올리는 휴게 음식점 영업을 영위하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The written accusation, written statement, and photographic site;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; (b) the operating period is relatively short; and (c) the Defendant has no record of being punished for the same kind of crime, etc. are recognized as favorable to the Defendant.

However, in light of the contents and methods of the crime, the legislative intent of the Food Sanitation Act, etc., the crime of this case where the defendant runs a restaurant business without reporting the crime of this case is not less than the nature of the crime. The general amount of punishment in the same and similar cases is balanced, and the defendant's age, sexual conduct, intelligence and environment, motive, circumstance, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc. shall be determined as per the disposition.