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(영문) 수원지방법원 2015.01.16 2014고정3401
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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 ‘D' restaurant located in Suwon-gu, Suwon-si.

Any person who intends to operate a food service business under Article 37 (4) of the Food Sanitation Act shall install facilities necessary for his/her business as prescribed by Presidential Decree and report such facilities to the competent administrative agency by type of business or place of business.

Nevertheless, during the nine-month period from December 14, 2013 to August 29, 2014, the Defendant, at the above-mentioned location, operated a general restaurant business without filing a report with the competent administrative agency on general restaurant business, when he/she sells food, alcoholic beverages, etc. to an unspecified number of people with facilities, such as table, cooling, gas bags, and kitchen, and sells food, alcoholic beverages, etc. on an average of about 50,000 won per day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of a written confirmation and Acts and subordinate statutes on the detection site;

1. Article 97 of the Food Sanitation Act and Articles 97 (1) and 37 (4) of the same Act concerning criminal facts, the selection of punishment, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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