Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person shall report his/her business to the competent authorities in order to operate general restaurants.

그럼에도 불구하고, 피고인은 고창군수에게 영업신고를 하지 아니하고, 2018. 9. 1.경부터 2018. 12.경까지 전북 고창군 B에 있는 약 256.3㎡(객석 약 220.7㎡, 조리장 약 35.6㎡) 규모의 식당에서 ‘C’ 상호로 불특정 다수인을 상대로 풍천장어, 돌솥밥, 소주, 맥주 등 합계 1억 5,784만 원 상당의 음식을 판매하여 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the results of guidance and inspection of general restaurants;

1. All on-site photographs;

1. Application of monthly sales details and reference materials of value-added tax-related Acts and subordinate statutes;

1. Article 97 Subparag. 1 and Article 37(4) of the former Food Sanitation Act (Amended by Act No. 15484, Mar. 13, 2018); the choice of fines for criminal facts;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant violated the Food Sanitation Act, thereby committing the crime in spite of the fact that the Defendant had been punished for a year of suspended execution in April 2013, and the total sales amount is also reasonable.

In full view of the fact that the defendant currently closes down his business and reports the closure of his business, the fact that the defendant is deemed to have a legitimate business, the fact that the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the conditions of all kinds of sentencing as shown in the arguments in this case, such as the circumstances after the crime, shall be determined