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(영문) 의정부지방법원 2017.09.28 2017고정968
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

[Fact-finding] On July 9, 1975, the water source protection area of the Yongsan Dam located on the Choyang-si, Namyang-si is located as a selling water source in order to supply clean water to approximately 25 million citizens in the Seoul Metropolitan area at the place designated as a water source protection area under the Water Supply and Waterworks Installation Act.

In order to protect the water quality of the water source protection zone, the development is extremely limited, and new restaurants cannot enter. With the development of traffic between recent 20 years, the number of floating population in order to view natural landscape, such as diversified sites, water pumping ecological parks, and Round mountain, has increased rapidly, and the number of unregistered restaurants began to increase rapidly by residents and out-of-the-spots.

The owners of the above restaurants have used the circumstances in which new restaurants could not enter, raising a lot of profits by operating them exclusively, reducing the size of business to avoid heavy punishment, and continuously operated illegal restaurants in the name of another person, such as family members and branch members, while being punished for minor punishment under the name of another person.

The defendant is a person who operates a general restaurant under the trade name of "E" in Namyang-si, Nam-si.

[2] Since the facts constituting an offense are apparent that the "place of rest" as stated in the indictment of a general restaurant is a clerical error, any person shall correct it to the extent that it does not materially disadvantage the defendant's exercise of his/her right to defense.

In order to conduct business, a business report under the Food Sanitation Act shall be filed with the competent administrative agency.

The Defendant, without reporting to the competent authority from June 2, 2016 to January 22, 2017, is running a general restaurant business by raising sales of more than KRW 160 million on an average of KRW 160 million per year, and an average of KRW 13 million per month by selling alcoholic beverages.

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