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(영문) 의정부지방법원 2017.09.07 2017고정928
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Fact-finding] On July 9, 1975, the water source protection area of the Yongsan Dam located on the Choyang-si, Namyang-si is located as a selling water source in order to supply clean water to approximately 25 million citizens in the Seoul Metropolitan area at the place designated as a water source protection area under the Water Supply and Waterworks Installation Act.

In order to protect the water quality of the water source protection zone, the development is extremely limited, and new restaurants cannot enter. With the development of traffic between recent 20 years, the number of floating population in order to view natural landscape, such as diversified sites, water pumping ecological parks, and Round mountain, has increased rapidly, and the number of unregistered restaurants began to increase rapidly by residents and out-of-the-spots.

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.

The Defendant is a person who runs a restaurant business in the name of “C” in the Namyang-si City, Namyang-si.

[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.

From June 2, 2016 to November 2, 2016, the Defendant, without reporting to the competent administrative agency, provided the whole of guest seats, such as pressing, cooling, cooling, etc., with cooking facilities and tablers, chairs, etc., and sold them by cooking and selling lucing, lucing, lucing, etc., and selling alcoholic beverages, etc. to customers.

Summary of Evidence

1. Partial statement of the defendant;

1. The accusation book or photographs of the business site without reporting;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 of the same Act concerning criminal facts and selective punishment.

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