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(영문) 서울중앙지방법원 2018.01.10 2017고정3614
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

The Defendant is a person who operates a general restaurant in the name of “C” in Seoul Special Metropolitan City, Gwanak-gu.

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

Nevertheless, from May 12, 2017 to September 5, 2017, the Defendant, without filing a business report with the competent authorities, was equipped with the same place of approximately 13 square meters from around May 12, 2017 to around September 13, 2017, with the cooling house and cooking facilities, and operated a general restaurant with an average of KRW 1 million by cooking and selling alcoholic beverages, other meals, etc. to many unspecified customers who visited the restaurant.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to field photographs at the time the exposure is reported and discovered;

1. Article 97 of the relevant Act on criminal facts and subparagraph 1 of Article 97 of the Food Sanitation Act, and Article 37 (4) of the same Act on the selective punishment (Selection of a punishment);

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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