A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Any person who intends to operate a general restaurant business shall report to the competent authorities.

Nevertheless, the Defendant, without filing a report with the competent authority on August 17, 2018, and around May 24, 2019, with the name of “C” from around 17, 2018 to around 24, 2019, operated a general restaurant business by cooking and selling 20,00-30-30,000-300- a day average for customers who found the place, with 13.2 square meters in size, and with the name of “C in Busan Shipping Daegu-gu, Busan.”

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of business places in violation of Acts and subordinate statutes and application of field photographs;

1. Article 97 of the Food Sanitation Act applicable to the crimes, and Articles 97 (1) and 37 (4) of the Act on the Selection of Penalties;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspension of execution include: (a) the Defendant, while engaging in illegal restaurant business, has been punished by a fine of several times; (b) the above business has been continuously engaged in such business; (c) disadvantageous circumstances, such as the fact that the criminal liability is heavy and the risk of recidivism is high; and (d) the Defendant’s age, environment, means and consequence of the crime; and (c) other favorable conditions for sentencing, including the circumstances after the crime, etc.