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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is a person who operates a general restaurant without filing a report under the trade name of "C" in Geum-gu, Busan.

Pursuant to the provisions of Article 37 (4) of the Food Sanitation Act, a person who intends to engage in the business prescribed by Presidential Decree among the businesses falling under each subparagraph of Article 36 (Criteria for Facilities) (1) of the same Act shall report to the Minister of Food and Drug, or the head of a Si/Gun/Gu having jurisdiction over a branch office or a Special Self-Governing Province for each type of business or each place of business, as prescribed by Presidential Decree.

Nevertheless, from March 2017 to July 25, 2017, the Defendant: (a) was equipped with all cooking facilities, such as a 10, cooling house, and cooling house with a size of approximately 66 square meters (20 square meters) on the ground, and operated a general restaurant without reporting monthly sales amounting to approximately 4 million won by preparing and selling the same to many and unspecified persons, including (8,000 won), refacing (9,000 won), refacing (18,000 won), refacing (3,000 won); and (b) operating a non-reported general restaurant without filing a business report with the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (report on detection of business places violating the Food Sanitation Act);

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. The sentence of a summary order and a fine equivalent to the same day shall be imposed in consideration of the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act, the size of the restaurant, the period of business, etc.

Furthermore, considering the fact that the defendant continues to operate an unauthorized restaurant even after the crackdown, it is not appropriate to reduce the fine solely on the ground that the defendant's economic conditions are difficult.