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(영문) 의정부지방법원 2016.01.21 2015고정2741
식품위생법위반
Text

Defendant shall be punished by a fine of five million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The defendant is a business operator who operates food entertainment business (general restaurant) with the trade name called "C" located in Namyang-si, Namyang-si.

According to Article 37 (4) of the Food Sanitation Act, "any person who intends to conduct food entertainment business shall report to the head of the competent local government for each type of business or each place of business as prescribed by Presidential Decree."

Nevertheless, from August 9, 2014 to August 3, 2015, the Defendant was equipped with the entire business facilities, such as a kitchen room (7m2,00 square meters), four-wheeled table table 10, and a water tank, etc., and sold to many and unspecified persons, such as clocks (50,000 won), clocks (50,000 won), clocks (3,000 won), and operated a general restaurant business without reporting to the head of the competent local government, while raising sales of approximately KRW 4.5 million on an average monthly basis.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site detection photographs;

1. Application of Acts and subordinate statutes to report the detection;

1. Relevant Article of the Act on Criminal facts and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act (Optional to the punishment) of the same Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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