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(영문) 의정부지방법원 2017.07.13 2017고정960
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Fact-finding] C Water-source protection zone in Namyang-si, Namyang-si, in accordance with the Water Supply and Waterworks Installation Act on July 9, 1975, is located as a water source protection zone in order to supply clean water to citizens about about 25 million in the Seoul Metropolitan area.

In order to protect the water quality of the water source protection zone, the development is extremely limited, and new restaurants cannot enter. With the development of traffic between recent 20 years, the number of floating population in order to view natural landscape, such as diversified sites, water pumping ecological parks, and Round mountain, has increased rapidly, and the number of unregistered restaurants began to increase rapidly by residents and out-of-the-spots.

The owners of the above restaurants have used the circumstances in which new restaurants could not enter, raising a lot of profits by operating them exclusively, reducing the size of business to avoid heavy punishment, and continuously operated illegal restaurants in the name of another person, such as family members and branch members, while being punished for minor punishment under the name of another person.

[Criminal facts] In order to operate a resting restaurant business, anyone must report the business in accordance with the Food Sanitation Act to the competent authorities.

피고인은 2016. 6. 2. 경부터 2016. 10. 17. 경까지 관할 관청에 신고를 하지 않고 상수원 보호구역인 남양주시 D에서 9㎡ 의 공간에서 조리시설을 갖추고 찐빵과 만두를 조리하여 판매하여 불상의 매출을 올리는 방법으로 휴게 음식점 영업을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The accusation, on-site photographs;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is examined, and the defendant recognizes the criminal facts of this case.

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