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(영문) 수원지방법원 평택지원 2020.05.21 2019고정611
식품위생법위반
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a resting restaurant in the name of “C” in the B apartment residents’ welfare facilities.

A person who intends to engage in a resting 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.

Nevertheless, the Defendant, without reporting to the competent authority from April 10, 2019 to November 8, 2019, provided a cooking tool, etc., such as coffee manufacturing machine, etc. in the above place, and prepared and sold Amerano, etc. to unspecified customers, and operated a rest restaurant business with an average of KRW 100,000 per day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D, E, and F;

1. Part of the police statement concerning G;

1. Application of statutes to field photographs and copies of contracts;

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 defendant asserts that the defendant and his defense counsel did not engage in business activities for profit, which are subject to the business report.

According to the evidence duly adopted and examined by the court, the defendant can be aware of the fact that the defendant received the full amount of proceeds from the operation of the instant carpet and bears the risk of losses. Thus, the defendant was engaged in a resting restaurant business, and even if the amount of operating profits received by the defendant in the course of the above business is a normal level of personnel expenses or does not reach such level, it cannot be viewed differently

Defendant

We do not accept the assertion of counsel.

Furthermore, the Defendant also pointed out that he submitted a business report on May 3, 2019, but the instant crime intends to run a rest restaurant business.

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