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(영문) 서울중앙지방법원 2017.09.13 2017고정2001
식품위생법위반
Text

Defendant

A and C shall be punished by a fine of KRW 500,000,000 and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A is a person running a general restaurant business without a trade name on the front side of the entrance of the E parking lot in Dongjak-gu Seoul Metropolitan Government D.

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

Nevertheless, on May 11, 2017, the Defendant, without reporting to the competent authority, equipped with a tent and cooking facility at the above place, and operated a general restaurant business, such as cooking and selling food to unspecified customers, such as rice tea, safly, saf, etc.

2. Defendant C is a person running a general restaurant business without a trade name on the front side of the entrance of the E parking lot located in Dongjak-gu Seoul Metropolitan Government D.

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

Nevertheless, on May 11, 2017, the Defendant, without reporting to the competent authority, equipped with a tent and cooking facility at the above place, and operated a general restaurant business against unspecified customers, such as cooking and selling food, such as rice tea, stong, stong, stong, and Saturdays.

3. Defendant B is a person running a general restaurant business without a trade name on the front side of the entrance of the E parking lot in Dongjak-gu Seoul Metropolitan Government.

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

그럼에도 피고인은 관할 관청에 신고하지 아니하고 2017. 5. 11. 23:00 경 위 장소에서 천막 및 조리시설을 갖추고 불특정 손님들을 상대로 닭똥 집, 우동 등 음식류를 조리하여 판매하는 등 일반 음식점 영업을 하였다.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. An explanatory note;

1. Application of Acts and subordinate statutes to each packing horse photograph;

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Articles 97 Subparag. 1 and 37(4) of the Food Sanitation Act (Optional to a punishment);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. The order of provisional payment;

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