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(영문) 울산지방법원 2017.04.17 2017고단578
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 that sells meals, alcoholic beverages, etc. by cooking a lub lubing lux, lubol, etc. with the trade name of “C” in Ulsan-gu, Ulsan-si.

Any person who intends to operate a general restaurant business shall report to the head of the Safety Department of Food and Drug or the head of the Si/Gun/Gu having jurisdiction over the Special Self-Governing Province, as prescribed by Presidential Decree.

Nevertheless, from October 3, 2006 to December 7, 2016, the Defendant: (a) prepared and sold lubbbbing, lubing, lubing, etc. without reporting the general restaurant business to unspecified customers at the above place without reporting the general restaurant business; and (b) operated a general restaurant business without reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of additional value-added reference materials, business registration certificates, and each photographic statute;

1. Subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense (comprehensive selection of fines);

1. Fully considering the records and arguments, such as the period of crime exceeding 10 years under Articles 70(1) and 69(2) of the Criminal Act (limited to sentencing), the history of punishment for the business of a non-reported restaurant that has already been engaged in the same non-reported restaurant, the degree of reflectivity, the circumstances of the crime, etc., and the sentencing factors favorable or unfavorable to the defendant as shown in the oral proceedings, the punishment shall be determined as ordered;

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