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(영문) 의정부지방법원 2017.06.22 2017고정939
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

[In fact, B's water-source protection area is located as a water-source protection area under the Water Supply and Waterworks Installation Act on July 9, 1975 in order to supply clean water to approximately 25 million citizens in the Seoul Metropolitan area.

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 development of traffic between the last 20 years, the number of floating population in order to view the natural landscape of C, D, E, 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.

[Criminal facts] In order to operate a resting restaurant business, anyone must report the business in accordance with the Food Sanitation Act to the competent authorities.

피고인은 2016. 9. 경부터 2017. 1. 경까지 F에서 ‘G 식당’ 라는 상호로 약 3.3㎡ 의 공간에 찜 기 3대 등을 갖추고 손님들에게 찐빵, 만두 등을 조리하여 판매하여 불상의 매출을 올리는 휴게 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. Application of statutes on site photographs;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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