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Defendant
A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.
The Defendants respectively.
Reasons
Punishment of the crime
Defendant
A is a person who operates an unreported general restaurant, and Defendant B is a person who has operated a general restaurant in both weeks from 2015 to 2016.
1. In order to operate a general restaurant, Defendant A, without filing a general restaurant report with the competent administrative agency, was engaged in the business, but he/she did not file such report, and operated the general restaurant business without filing a report with the competent administrative agency from April 2017 to August 2017, by having approximately 10 square meters cooking stations of approximately 30 square meters and the guest seat facilities of approximately 30 square meters of a size in the total size of 18,179,000 square meters for customers who did not receive a report.
2. Defendant B: (a) around April 2017, at Yangju-si, could not operate a general restaurant business as a development restriction zone; (b) Defendant B leased the restaurant facility to Defendant A with annual KRW 13 million; and (c) prevented Defendant A from operating a general restaurant business without reporting the F at the same place from April 2017 to August 2017.
Summary of Evidence
1. Statement made by the defendant B in the first trial record;
1. Entry of the defendant A's partial statement in the first trial record;
1. Legal statement of the witness B;
1. A written accusation and G statement;
1. On-site photographs and lease agreement [Defendant A asserts that the instant restaurant was unaware of whether the instant restaurant was an unreported place of business at the time of the contract and that the business time was around June 2017.
According to the evidence duly adopted and examined by this Court, the following facts and circumstances exist.
A. Defendant B had been subject to criminal punishment due to the business of not reporting while operating the instant F in the past.
B. Defendant B had been operated by Defendant A around April 2017.
F leased F with tax 13 million won per year.
At this time, Defendant B told Defendant A that the F will be subject to a fine each year due to a non-reported restaurant, and even on the lease agreement, “after the contract, the competent authority shall be the subject of the contract.