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(영문) 서울중앙지방법원 2020.06.25 2020고정430
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

A person who intends to conduct general restaurant business shall report to the Minister of Food and Drug Safety, a Metropolitan Autonomous City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu.

Nevertheless, on September 19, 2019, the Defendant did not report to the competent Gu office, and around 9, 2019, installed 10 tables and kitchen facilities on the interior of 97m2 in the 97m2 indoors of the building in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, without any trade name, and operated an unregistered general restaurant business with a total of KRW 500,000,000,000 for daily sales from unspecified customers who found the said place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written accusation, a statement of business trip, a written confirmation, and a written statement;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, and the choice of punishment under Articles 97 subparagraph 1, 37 (4), and 36 (1) 3 of the Food Sanitation Act;

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

1. According to Articles 334(1) and 365 of the Criminal Procedure Act, where a defendant who has requested a formal trial on the date of the formal trial procedure fails to appear at the court, the new date shall be set, and where the defendant fails to appear at the court on the new date without justifiable grounds, a judgment may be rendered without a statement of the defendant.

In this case, the Defendant, who requested a formal trial, was absent on May 19, 2020 when he received the notification of the date of transfer on his own, and thereafter was absent on the third day of June 25, 2020 when he received the summons of the Defendant directly and thereafter, he was absent on the third day of June 25, 2020.

Accordingly, this court shall hold a trial without the defendant's statement in accordance with Articles 458 (2) and 365 of the Criminal Procedure Act on the third trial date.

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