Defendant

A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fine is imposed against the Defendants.

Punishment of the crime

Defendant

A is a person who operates a general restaurant in the name of "D" in the Namyang-si, Namyang-si, and Defendant B is a lessor of the above restaurant.

1. In order for a person to run a general restaurant business, he/she shall report his/her business in accordance with the Food Sanitation Act to the competent administrative agency;

On November 10, 2017, the Defendant, without reporting to the competent authority, was engaged in a general restaurant business by cooking roasting, roasting, selling alcohol to customers and selling alcoholic beverages in a space of about 20 square meters in the water source protection area.

2. On November 1, 2017, Defendant B concluded a lease contract with the knowledge that Defendant A operated a general restaurant without reporting to the competent authorities due to the restriction on a water-source protection area, as prescribed in paragraph (1) and, even from January 15, 2016 to January 14, 2021, Defendant B, while entering into the lease contract with a view to receiving KRW 25 million in rent, KRW 25 million in rent, and KRW 8 million in monthly rent from November 10, 2017, made it easy to commit the crime by leasing the lease contract with a view to operating it in gold, soil, and Sundays.

Summary of Evidence

1. Defendants’ respective legal statements

1. E statements;

1. A written accusation or a written confirmation for unreported business;

1. On-site photographs of unreported business activities;

1. Lease contract;

1. Application of Acts and subordinate statutes on investigation reports;

1. Relevant legal provisions and Defendant A who has selected a punishment for a crime: Article 97 Subparag. 1 and Article 37(4) of the Food Sanitation Act (Selection of a punishment punishment) Defendant B: Article 97 Subparag. 1 and Article 37(4) of the Food Sanitation Act, Article 32(1) of the Criminal Act (Selection of a punishment punishment)

1. Defendant B who is eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (unapplicable to the sentencing criteria as a final decision) are as follows: the Defendants’ crime of this case is run a restaurant in the water-source protection area without filing a business report.