(F) Determination of misunderstanding of facts

A. The Defendant is a person who operates a mutual general restaurant (hereinafter “D”) on the first underground floor in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant business”).

From November 201 to February 16, 201, from around 01:25, 201 to around 01:25, the Defendant, without obtaining permission from the competent authorities, set up an entertainment bar business with an average of KRW 1.5 million per day by allowing customers to dance while preparing and selling liquors and alcoholic beverages in the area of about 90 square meters in the above “D”, equivalent to 36 customers, equivalent to 72 doctors, and 72 doctors, communities, space expenses, and dance halls.

B. The lower court determined that the Defendant’s assertion that “the facility type and operating method of the instant establishment are within the scope of general restaurant business type, and it does not require separate permission for entertainment tavern business.” In light of the provisions of Articles 21 and 22 of the Enforcement Decree of the Food Sanitation Act, even if the place of business did not have a dancing hall for entertainment facilities, it constitutes entertainment bar business if the place of business is a place of business where customers enjoy dancing by using the empty space of the place of business. According to the evidence of the lower court’s decision, the instant establishment is deemed to fall under entertainment bar business, and the following facts are acknowledged: (a) according to the evidence of the lower court, the instant establishment employs DJ to encourage customers to enjoy entertainment, and (b) by installing sound equipment, booms, and special lighting so as to encourage customers to enjoy dancing naturally, and (c) customers actually had a free dancing in the entertainment space and the passage of customers.