logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.06.12 2014노4323
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is very exceptional that the defendant did not report the increase in the area of the restaurant business site of this case while operating the restaurant for more than 20 years from June 3, 1994, and it is difficult to believe it as it is, since it is difficult to view it as it is the actual state of management of the business license (report) management register by the East-gu Office, the judgment of the court below which found the defendant guilty of the facts charged of this case.

2. The transferee of a business whose place of business did not perform his/her duty to report even though the area of the business was changed should be punished if he/she continues to conduct the business without fulfilling such duty to report.

(See Supreme Court Decision 2010Do4869 Decided July 15, 2010). According to the evidence duly adopted and examined by the Health Team, the lower court, and the first instance court, the following facts are recognized.

① On June 3, 1994, the Defendant reported the succession to the status of a business operator, and operated a restaurant, and there was no change since it reported the area of the instant restaurant to 45.7mm2 on the business license (report) management ledger of the Dong-gu Office.

② Since June 3, 1994, the Defendant alleged that there was no change in the size of the instant restaurant, and there was no report on the change in the size of the place of business. However, the present size of the place of business of the instant restaurant is 265m2.5m2.

③ From December 2006 to February 2, 2007, the employees of the Dong-gu Office visited the instant restaurant once every three to four years, and pointed out that the instant restaurant was illegal buildings. The Defendant performed remodeling construction of the restaurant building from December 2, 2006 to February 2, 2007. On February 2007, the Defendant became aware of the area of the instant restaurant’s business site by combining the J Site and F site, which is the site of the restaurant.

④ According to the building ledger, the area by floor of J-ground buildings is 56.19 square meters per floor, 2.92 square meters per second floor, and the area by floor of F-ground buildings is 59.5 square meters per floor and 39.67 square meters per second floor.

⑤ On August 26, 2013, the Defendant committed the instant crime.

arrow