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(영문) 제주지방법원 2016.07.13 2016고정356
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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 resting restaurant in the C Bathing Beach parking lot at Jeju.

Any person who intends to operate a food entertainment business shall report to the competent authority by type of business or place of business under the conditions as prescribed by the Presidential Decree.

Nevertheless, the Defendant did not report, from the early October 2015 to May 4, 2016, operated a restaurant business without filing a report on the average sales amounting to KRW 70,000 per day on the vehicles (D) with cooking facilities, such as coffee extraction machine, ice cream extraction machine, and sulf cooking machine, etc., (1,00 won), meras No. 1,000 won (2,500 won), and sold to many unspecified persons, while selling the sulf cream (2,500 won).

Summary of Evidence

1. Statement by the defendant in court;

1. Written accusation of the Jeju market (as of March 2, 2016), E’s written statement, E’s photograph ledger, existing accusation data and notice of disposition, and F’s written confirmation;

1. Application of a written accusation (i.e., May 9, 2016), G’s written statement, photograph, and A’s legislation to the Jeju market;

1. Relevant legal provisions concerning facts constituting a crime and the choice of punishment: Group 1 of Article 97 and Article 37 (4) of the Food Sanitation Act, inclusive;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The conditions unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A previous conviction and a fine for negligence once (the Jeju District Court fine of 300,000 won on July 13, 2015).

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