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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “D” in the Gangnam-gu Seoul Metropolitan Government.

A person who intends to operate a general restaurant business shall report to the competent authorities, but from March 21, 2013 to August 15, 2016, he/she operated a general restaurant business with approximately 30 square meters monthly average by cooking and selling a catum, table, kitchen, cooking facility, etc. in the above place on a scale of about 30 square meters.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. Application of statutes governing field photographs accompanied by a business certificate without permission;

1. Article applicable to the crime, Article 97 subparagraph 1 of the Food Sanitation Act, Articles 97 and 37 (4) of the Act on the Selection of Penalties, and Selection of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to three years; and

2. The sentencing conditions, such as the Defendant’s age, character and conduct, and environment, shall be determined, in consideration of the fact that the records of punishment for the same kind of crime as the sentence is punished four times, the suspension of the execution of imprisonment with prison labor is one time, the scale of the business is large and the period of business is not shorter; and