A defendant shall be punished by imprisonment with prison labor for four months.

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

Criminal facts

1. Any person who violates the Food Sanitation Act shall report to operate a spot-sale food manufacturing and processing business in accordance with relevant Acts and subordinate statutes;

Nevertheless, on January 27, 2017, the Defendant did not make the above report, and around January 21:40, in the frontway of Yeongdeungpo-gu Seoul Metropolitan Government, he operated a spot-sale manufacturing and processing business by installing cooking facilities, such as gas bags, etc., and manufacturing “lateral books,” and selling them to customers at KRW 3,000 per dog.

2. On February 1, 2017, around 14:55, the Defendant forged the signature of D by stating “D” in the column for signature sealing of the person who made a statement in the suspect interrogation protocol as if he/she was D, and exercised a forged signature by creating the above protocol to police officers, as if he/she was a genuine signature, at the investigation station and centralized investigation team office located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul, on the charge of operating the street store without making a report.

Summary of Evidence

1. Statement by the defendant in court;

1. Requests for verification of theft by foreigners' personal data (incompetence);

1. Investigation report (Attachment to the records of non-prosecution cases and written decision on non-prosecution);

1. Application of statutes to the letter of transfer of the case, and the suspect interrogation protocol;

1. Relevant legal provisions concerning criminal facts, Articles 97 subparag. 1, 37(4) of the Food Sanitation Act (unreported business, choice of imprisonment, etc.), Article 239(1) of the Criminal Act (a) and Articles 239(2) and 239(1) of the Criminal Act (a point of exercising the above-mentioned signature) of the same Act concerning selective criminal facts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act under the suspended sentence is that the defendant was investigated for a violation of the Food Sanitation Act, and the nature of the crime is not good in light of the content of the crime, such as making the defendant's signature on the suspect interrogation protocol as if he were under investigation of the violation of the Food Sanitation Act. The statutory punishment for the crime of forging a private signature and signing the above investigation is only imprisonment with prison labor.