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Defendant
A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 10,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
[Fact-finding] D-water source protection zone in C is located in D-water source to supply clean water to citizens about about 25 million in the Seoul Metropolitan area as a water source protection zone under the Water Supply and Waterworks Installation Act on July 9, 1975.
In order to protect water quality, etc., the development of the water source protection zone is extremely limited, and new restaurants are not allowed to enter. With the recent 20 years of traffic development, the number of floating population in order to view the natural landscape of E, F, G, etc. has increased significantly, the number of unreported restaurants began rapidly by residents of the relevant region and outside people.
The owners of the above restaurants have used the circumstances in which new restaurants could not enter, raising a lot of profits by operating them exclusively, reducing the size of business to avoid heavy punishment, and continuously operated illegal restaurants in the name of another person, such as family members and branch members, while being punished for minor punishment under the name of another person.
Defendant
B operates a general restaurant in the name of “I” in H.
[Criminal facts]
1. Defendant B
(a) Any person who violates the Food Sanitation Act shall make a business report under the Food Sanitation Act to the competent authorities in order to operate the general restaurant business;
Defendant
B From October 7, 2015 to January 31, 2017, in a space of 60 square meters with the trade name of “I” from H from around October 7, 2015, in which cooking facilities, etc. are installed and sold to customers, after cooking and selling liquors, the average of KRW 30 million per year and the average of KRW 2.5 million per month.
B. In the event that an offender also operates an I restaurant as above, Defendant B had the intent to escape from criminal punishment on the ground of Defendant A, who is the branch of the offender, and on February 2016, Defendant A continues to engage in funeral services without being able to perform.