A defendant shall be punished by imprisonment for not less than five 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

The Defendant is a person who operates a general restaurant under the trade name of “C” in the Nam-gu Incheon Metropolitan City.

A person who intends to engage in food entertainment business shall report to the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, the Mayor of a Special Self-Governing City, or the head of a Si/Gun/Gu.

Nevertheless, from March 2017 to June 8, 2017, the Defendant did not file the foregoing report with the said “C”, and did not sell approximately KRW 50,000 per day to customers who visited a business establishment with all cooking facilities, such as 24 tablers, 24 air conditioners, and 2 gas facilities, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the criminal place;

1. Application of statutes on site photographs;

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

1. The sentence shall be determined as ordered by comprehensively taking into account all the information revealed in the instant case’s business size, period, Defendant’s age, sex behavior, environment, background and motive leading to the crime, and circumstances after the crime, etc., such as the circumstances unfavorable to the reason for sentencing under Article 62(1) of the Criminal Act (the fact that there are many persons who have been punished for the same type of crime, etc., even though they have been punished for the same crime), favorable circumstances (the fact that the crime is recognized and reflected, and there is no record of crime exceeding the fine).