A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the Special Self-Governing City Mayor or the head of a Si/Gun/Gu.

Nevertheless, the Defendant, while operating the mutual business place of approximately 30 square meters in Yeonsu-gu Incheon Metropolitan City B, installed two cooling houses, one gas facility, one kitchen facility, and 30 tables. From February 2017 to June 21, 2017, the Defendant, without reporting to the competent authority, was engaged in a general restaurant business that directly prepares and sells an amount of KRW 200,000 per day average of all kinds of drinks, alcoholic beverages, etc. to customers who visited the place of business without reporting to the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A letter of business trip;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning the selective punishment (general), and selection of imprisonment;

1. Although the reason for sentencing under Article 62(1) of the Act on the Suspension of Execution has many records of having been punished for the same kind of crime, the fact that the defendant committed a non-reported general restaurant business at the same place of business is disadvantageous to the defendant, and the fact that the defendant committed a second offense is disadvantageous to the defendant. The fact that the defendant misleads and reflects his mistake, and that there is no record of punishment exceeding the fine is favorable to the defendant.

In addition to the above circumstances, the defendant's age, sex, and environment, the size and facilities of the place of business of this case, the degree of benefits acquired by committing a crime, and the circumstances after committing a crime, etc., and all the sentencing conditions as shown in the records and arguments of this case shall be determined as ordered.