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(영문) 수원지방법원 안산지원 2017.02.09 2016고단4586
식품위생법위반
Text

Defendant

B Imprisonment with prison labor of four months, and Defendant A shall be punished by a fine of three thousand won,00,000 won.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B is the actual president of the "D" in the Si interest city C, and the defendant A is an employee of the above business establishment and is engaged in the cooking and selling of food.

Anyone who intends to operate a general restaurant business shall report to the competent authority.

Nevertheless, the Defendants, without reporting to the competent authority from August 15, 2016 to October 25, 2016, sold approximately KRW 176 million to the customers visiting the said area with a 198 square meter size in D’s “D” with a 30 container, a cooling house, a kitchen, a cooking facility, and a washing facility, and prepared and sold a new letter to the customers visiting the said area, without reporting to the competent authority.

As a result, the Defendants conspired to do the general restaurant business without reporting to the competent authorities.

Summary of Evidence

1. Defendants’ respective legal statements

1. A statement of control and detection;

1. Site photographs for business facilities;

1. Application of Acts and subordinate statutes to a criminal investigation report (including submission, etc. of a detailed statement of account transactions in the name of a suspect), a criminal investigation report (Attachment of a detailed statement of account transactions in the bank account in the name of a suspect), a criminal investigation report (Analysis of Account in the name of Nong Bank)

1. Article 97 Subparag. 1 and Article 37(4) of the Food Sanitation Act; Article 30 of the Criminal Act, inclusive, on the facts constituting an offense

1. Selection of sentence - Defendant B: Imprisonment with prison labor (any other unfavorable circumstances such as the fact that the defendant has been punished for the same kind of crime several times, the fact that the defendant tried to avoid crackdown on the ground of Defendant A as the so-called "the chief of the branch president") - Selection of a fine (the fact that the defendant acknowledges and reflects his mistake, the fact that the defendant was an employee, the fact that the defendant was involved in the crime as an employee, and the fact that the defendant has no particular criminal history)

1. Attraction of a workhouse - Defendant A: Articles 70(1) and 69(2) of the Criminal Act;

1. Suspension of Execution - Defendant B: Article 62(1) of the Criminal Code (which acknowledges and reflects his mistake;

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