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A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
A report shall be filed with the competent authority for each type of business or each place of business that intends to operate a general restaurant business, as prescribed by Presidential Decree.
Nevertheless, the Defendant, without filing a report with the competent authority from March 1, 2016 to September 28, 2016, operated a general restaurant with the trade name “C” of approximately 384 square meters, such as a guest room, kitchen, etc., 33 tablers, a cooling house, a cooking facility (LPG), and a washing facility, and operated a general restaurant with approximately KRW 300,000 per day average daily sales of approximately 10,000,000 for many unspecified customers.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of the respective Acts and subordinate statutes of the accusation, accusation (C) against a person in violation of the Food Sanitation Act, a statement of accusation, and an investigation report (Correction of the operating period);
1. Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the same Act concerning facts constituting an offense, and Articles 97 and 37 of the same Act concerning selective punishment, and selection of imprisonment;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;