A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates resting restaurants in Yongsan-gu Seoul Metropolitan Government with the trade name "C".

Anyone who intends to run a resting restaurant business shall file a report on his/her business with the competent authority by type of business or by type of business, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without filing a business report from September 28, 2019 to May 12, 2020, operated resting restaurant business by installing facilities such as refrigerating, yachting, gas facilities, chairs, and tables in the said “C” business site from around September 28, 2019 to around May 12, 202.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. A written accusation;

1. On-site photograph, lease contract;

1. Application of Acts and subordinate statutes to investigation reports (report related to the business period without filing a report);

1. Article 97 of the Food Sanitation Act applicable to the crimes, and Articles 97 (1) and 37 (4) of the Act on the Selection of Penalties;

1. On the other hand, the reason for sentencing under Article 62(1) of the Criminal Act, including the fact that a person has been punished by a majority of fines for the same kind of crime since 2010, and continues to engage in reporting business, and the fact that the person has not been punished beyond a fine for the same kind of crime, recognition of the crime, and the fact that the person appears to have been unable to report business, and the fact that the person appears to have suspended reporting business, are determined as ordered in consideration of all the sentencing conditions, including the defendant's age, character, conduct, family relationship, economic status, the circumstances after the crime, and possibility