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(영문) 부산지방법원 2015.11.27 2015고정4189
식품위생법위반
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

From January 16, 2013, the Defendant is a person who operates a restaurant called “C” in Busan-gu, Busan-do.

A person who intends to operate a general restaurant business shall report to the head of the competent Gu.

Nevertheless, on July 29, 2015, the Defendant, without filing a report with the head of the competent Gu on July 29, 2015, operated a general restaurant business by preparing and selling food and drinking to the customers who have discovered a place, with the area of approximately 82.5 square meters in the name of “C” on the first floor of the building located in the above place, equipped with the whole facilities necessary for business, such as 4-person tablers, 2 heating facilities, and cooking facilities, and gas facilities, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Report on investigation (report on detection of business places violating the Food Sanitation Act) and written confirmation;

1. Application of Acts and subordinate statutes on evidence, photographs and materials;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 37 (4) of the Food Sanitation Act that choose a penalty;

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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