Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is a person who actually operates C in Mosung City B.

1. On March 28, 2012, the Defendant completed a report on inland water fisheries to C in the name of the Defendant’s child D and operated the fishing place directly by the Defendant.

From March 28, 2012 to October 6, 2012, the Defendant: (a) received admission fees of KRW 20.000 per person per day (30.000 per week) from customers in the above fishing place; and (b) opened a gambling for the purpose of profit-making by paying free gifts (including fishing goods, such as ELD TV, fishing times, bags, baits, etc.) attached to the top door of the fishing place by the visitors; and (c) opened a gambling for the purpose of making profits when the visitors fish fish with gift tickets attached to the top door of the fishing place.

2. Any person who intends to operate general restaurants in violation of the Food Sanitation Act shall report to the Commissioner of the Korea Food and Drug Administration, a Special Self-Governing Province Governor or the head of a Si/Gun

그럼에도 피고인은 2012. 3. 28.경부터 2012. 10. 6.경까지 피고인의 아들 D 명의로 소매점 신고는 하였으나, 일반음식점 신고는 하지 않고 위 낚시터에서 1개동 건물 약 28평 규모에 4인용 테이블 12개, 조리기구, 냉장고 1대, 정수기 1대 등 시설을 갖추고 불특정 다수의 낚시터 입장객을 상대로 김치찌개, 라면, 닭볶음탕 등을 조리ㆍ판매하여 일반음식점 영업을 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. A report on occurrence (general);

1. Application of statutes on field photographs at the time of enforcement;

1. Article 247 of the Criminal Act applicable to the crime, Article 247 of the choice of punishment, Article 97 of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013); Article 37(4) of the former Food Sanitation Act (amended by Act No. 11690, Mar. 23, 2013); the selection of fines for negligence

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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