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(영문) 대구지방법원 2017.06.23 2017고정452
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who runs a general restaurant business in the name of the Defendant in Daegu Northern-gu B.

A person who intends to cook and sell food shall operate the business after having a legitimate facility installed pursuant to the relevant Acts and the head of the competent Gun, etc. report it.

Nevertheless, the Defendant, without filing a general restaurant business report with the head of the competent Gu from August 8, 2016 to November 22, 2016, was equipped with two gas burners, three air conditioners, and other business facilities necessary for the said location, and operated a general restaurant business with an average of KRW 40,000 per day when cooking and selling to unspecified customers (one person portion) 4,00,000, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A public official statement in D;

1. Control photographs;

1. Application of Acts and subordinate statutes to the Director General of the Public Health Center in Daegu-gu;

1. Article 97 of the relevant Act and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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