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(영문) 대전지방법원 천안지원 2014.04.24 2013고단1811
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

A person who intends to operate a general restaurant business shall report his business to the competent authority. However, the Defendant operated the Dawabu page located in the 6,7th floor of the Dawa-gu, Seoan-gu, Seocheon-gu, Incheon-si, without reporting his business to the competent authority. From June 20, 201 to October 18, 2013, the Defendant operated a general restaurant business, such as cooking food in approximately KRW 25,000 per person by installing facilities, such as tables, chairs, and air conditioners, etc., and selling food in KRW 50 million per person.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of reply statutes to requests for fact-finding, such as business trip reports, on-site photographs, investigation reports (voluntary submission of suspect A business registration certificate and file of records);

1. Relevant Article 97 subparagraph 1 of the Food Sanitation Act and Article 37 (4) of the same Act concerning facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the time of committing a crime, there is no record of being sentenced to punishment exceeding the fine, and this case is merely a business without reporting, and even considering favorable circumstances, such as the fact that the defendant's food manufactured and sold seems not to have caused actual health harm, the defendant shall select and punish a fine among the prescribed penalties in consideration of the business size and the economic profit, etc., although the business period without reporting is a long-term period without considering the fact that the business size is considerable and the relevant economic profit, etc., and the sentence like the order shall be determined by taking into account

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