A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

Any person who intends to engage in general restaurant business among food entertainment business shall report to the Metropolitan Autonomous City Mayor, the Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

1. From January 23, 2018 to March 31, 2018, the Defendant sold food equivalent to KRW 70,000 per day average to many customers, such as with a cooling room, two, six tables, and six cooking facilities, etc., at a place of business with a trade name of approximately 32 square meters from January 23, 2018 to March 31, 2018.

As above, the defendant was engaged in a general restaurant business without reporting the business to the Gwangju Metropolitan City Mayor.

2. From April 4, 2018 to April 13, 2018, the Defendant sold food of an average of KRW 300,000 per day to many customers, including, among others, with the name of “C” located adjacent to “D” from April 4, 2018 to April 17:20, 2018, in a place of business where approximately 47 square meters wide is located adjacent to “D”, and with three air conditioners, eight tables, and cooking facilities, etc., sold food of an amount of KRW 10,00 per day to many customers.

As above, the defendant was engaged in a general restaurant business without reporting the business to the Gwangju Metropolitan City Mayor.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of E (Control Persons) preparation;

1. Application of Acts and subordinate statutes to each control site photograph;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution is that the defendant, for the reason of sentencing under Article 62(1) of the Criminal Act, committed each of the crimes in this case again, even though he had been punished several times by a fine, even though he had been under the same place of business without a business report, he was sentenced to imprisonment, but the defendant seems to operate a restaurant for livelihood, and the defendant appears to have an attitude to reflect wrong