A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to run a food manufacturing and processing business, which is a business manufacturing and processing foods, shall report to or register with the head of a Si/Gun/Gu.

Nevertheless, the Defendant: (a) concluded a franchise agreement with 13 restaurants and franchise stores using the same trade name with trademark rights in Jeonjin-gu, Seoul; (b) did not report to the head of Geumcheon-gu from April 21, 2004 to March 22, 2013; and (c) manufactured “chills” by mixing materials, such as drillings, sugars, and water cannicks, without registering between March 23, 2013 and May 21, 2015.

After that, the Defendant sold 13 chain stores, such as “Eukjin-gu F” in Jeonjin-gu, Jeonjin-gu, the amount equivalent to KRW 92,469,00 at the market price of 14,26km 14,26km as above.

Accordingly, the defendant was engaged in food manufacturing and processing business without reporting or registering to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the details of photographs, status of chain stores, and list of sights;

1. Article 97 Subparag. 1, Article 37(4) of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013); Article 95 Subparag. 2-2, and Article 37(5) of the Food Sanitation Act (hereinafter referred to as “non-registered business”), each of the choice of imprisonment, with labor, in relation to criminal facts;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following circumstances favorable to the defendant).

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. Determination of sentence of the crime of this case, the fact that the nature of the crime and the circumstances of the crime are not minor in light of the period of the crime of this case, sales volume, sales amount, etc., are disadvantageous to the defendant, and the defendant committed the crime of this case.