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(영문) 서울서부지방법원 2018.01.09 2017고정1610
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of "C cafeteria" in Yongsan-gu Seoul Metropolitan Government.

Anyone who intends to operate a general restaurant business shall be equipped with the facilities prescribed by the relevant Acts and subordinate statutes and make a report on his/her business to the competent authority.

Nevertheless, the Defendant did not report general restaurant business to the competent administrative agency, and, from February 4, 2017 to May 26, 2017, prepared and sold foods such as clocks, clocks, tablers, chairs, gas sirens, etc. to many customers who are not aware of in the name, with the facility of about 12 square meters in the name of "Clocks" at the above place, and operated a general restaurant business with approximately 3 million won on an average monthly basis.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect by a special judicial police officer against the defendant;

1. D's certificate of non-reported business;

1. Application of Acts and subordinate statutes to field photographs (business conduct without reporting), inquiry data about criminal history, inquiries by residents, investigation reports (a copy of an order for summary issuance, etc.);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 97 of the Food Sanitation Act and Article 37 (4) of the same Act concerning selective punishment, and 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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