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(영문) 서울북부지방법원 2021.01.21 2020고정1630
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “C” in Gangnam-gu Seoul Metropolitan Government, and has 700,000 won and 14 times the fine for violation of the Food Sanitation Act by the Seoul Northern District Court on October 17, 2017.

Any person who intends to operate a food entertainment business shall be equipped with the facilities prescribed by the relevant Acts and subordinate statutes and shall report his/her business to the competent authority by type of business or by place of business.

Nevertheless, the Defendant, without reporting food entertainment business to the competent administrative agency from October 18, 2017 to July 30, 2020, had gas facilities, air conditioners, 1 unit, 5 unit table, 20 unit 20 unit 1 unit 1 unit , and 20 unit 1 unit 20 unit 20 unit , and operated a general restaurant business with an average of 2,50,000 won per month while selling them together with alcoholic beverages, by cooking the clicks, licks, licks, and so on.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to accusation, written statements, written confirmations, and field photographs of business places;

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 sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment, Etc. of the Provisional Payment Order, considering the fact that the defendant appears to have resided in the place of business of this case and not operating the business of this case, and that the defendant's health is not good, the fine prescribed by the summary order shall be partially reduced.

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