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(영문) 대구지방법원 김천지원 2016.04.20 2016고정45
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of Kimcheon-si FB, and Defendant B is a corporation with the purpose of constructing and operating a golf course free business.

1. A person who intends to conduct a general restaurant business shall report his/her business to the competent authority;

Nevertheless, from September 11, 2015 to October 16, 2015, the Defendant, at the above golf course, equipped with approximately 15 square meters of the air conditioners, freezing facilities, and cooking facilities at approximately 15 square meters each at H2 places, and three tablers, respectively, and 12 chairs, respectively, prepared and sold alcoholic beverages and food (pre-crising, patrol, etc.) to many and unspecified persons using the golf course, and sold an average of KRW 10-150,000 per day.

Accordingly, the defendant is running a general restaurant business without reporting the business to the competent authorities.

2. Defendant B, at the same time and place as Defendant B’s representative A, operated a general restaurant business without reporting the business to the competent authorities as referred to in the preceding paragraph.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of I;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Binding such as business registration certificate for the submission of suspects);

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 97 Subparag. 1, Article 37(4)(b) of the Food Sanitation Act; Defendant B corporation: Articles 100, 97 Subparag. 1, and 37(4) of the Food Sanitation Act

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The period and scale of the Defendants’ crime, profits therefrom, and circumstances after the crime was committed (it appears that the Defendants received the business report of the restaurant in the instant golf course from the Kimcheon-si on March 14, 2016 and received the business report of the restaurant in the instant golf course from the Kimcheon-si on March 14, 2016), reflective attitudes, criminal records and other various sentencing conditions indicated in the theory of records and changes, and determine the punishment as set forth in the order.

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