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(영문) 전주지방법원 2015.04.28 2015고정213
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Criminal facts

The Defendant is a person who operates a general restaurant in the name of “D” in Jeonbuk-gun, Jeonbuk-gun.

Anyone who intends to operate a general restaurant shall report to the head of the competent Si/Gun/Gu.

Nevertheless, from June 11, 2013 to July 23, 2014, the Defendant, without reporting to the competent authority, provided 257.4m2 in the said place with 28 food table table table, 3 gas bags, 3 air conditioners, fryers, and other cooking instruments, etc., and prepared and sold soup soup to the customers who come from eating, and then raised the income of KRW 1.5 million average per day.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes on certificates, photographs and business registration certificates;

1. Relevant Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense (to select a fine in general);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the following: (a) the Defendant, who had been punished for the same kind of crime in the past two times or more in the past; (b) the Defendant was extremely weak to keep law-abiding consciousness, such as going back to the instant crime; (c) the size and sales of the said restaurant is considerably inappropriate and its nature is poor; and (d) the Defendant’s relatives have been punished by replacing their operators whenever it is controlled by the previous competent authorities, etc.; and (c) the Defendant’s relatives have continued to engage in business by making statements by changing their operators each other; and (d) the punishment is determined as ordered by the order.

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