A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person who intends to operate a general restaurant business shall meet the requirements under the Acts and subordinate statutes on food sanitation and report it to the competent authority.

Nevertheless, the Defendant, without filing a report with the head of Busan Gun, operated a general restaurant business from January 15, 2015 to September 22, 2017, with approximately 42 square meters at approximately 42 square meters at the “E” restaurant operated by the Defendant in Busan Gun, and with cooking facilities, such as air conditioners, and gas facilities, sold to many and unspecified customers visiting the said restaurant, and operated a general restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about data about investigation into food entertainment business places, reporting on the results of regulating illegal restaurant business activities, confirmation letters, photographs of business places, investigation reports (verification of taxation data for the year preceding a general restaurant that has not been reported), and requests for inquiry into data about food entertainment business places

1. Subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense, and selection of imprisonment;

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is an unfavorable circumstance against the Defendant, inasmuch as the Defendant continues to engage in the illegal restaurant business even after having already been issued one summary order (3 million won of imprisonment with prison labor for six months and two years of suspended execution) and one summary order (2 years of suspended execution) at the same place, and the nature of the crime is not negligible, and the size of the business has not been small.

However, given that the circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the confession of criminal facts, the fact that there are some circumstances that may be considered among the special circumstances in the area where the above restaurant operated by the defendant is located, and the defendant seems to have been suspending the restaurant business recently, it is also recognized as a considerable part of