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Defendants shall be punished by a fine of KRW 5,000,000.
In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.
Reasons
Punishment of the crime
The Defendants are those who engage in general restaurant business with the trade name “D” in light light.
A person who intends to conduct an ordinary restaurant business shall report to the competent authority.
그럼에도 불구하고 피고인들은 관할관청에 신고하지 아니하고 2019. 3. 2.부터 2019. 10. 24.경까지 위 장소에서 약 637㎡ 면적에 테이블 55개, 냉장고 9대, 가스시설 15개, 세척시설 등 영업 시설물을 갖추고, 불특정 다수인을 상대로 옻닭, 한방닭 등을 조리ㆍ판매하여 일일 평균 약 56만 원의 매출을 올리는 무신고 일반음식점 영업을 하였다.
Summary of Evidence
1. Defendants’ respective legal statements
1. Statement to E by the police;
1. On-site photographs;
1. Application of statutes on business registration certificates;
1. Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) of the same Act, Article 30 of the Criminal Act, the selection of fines, and the selection of penalties for the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, the period and scale of the instant business, the fact that Defendant B was punished by a fine for restaurant business at the same place, and other various sentencing conditions, including the Defendants’ age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, shall be determined as ordered in consideration of the following factors.