Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

From March 2, 2017, the Defendant is a person who operates a general restaurant under the trade name of “C” from the net city B and the first floor.

From March 2, 2017 to April 11, 2017, the Defendant: (a) during the instant business establishment, and (b) during the course of gambling, he/she prepared chips exclusively used for games, game chips, free gifts, and beer, etc.; and (c) provided ten thousand won from customers who found the place, ten chips with beer 10,00 won; (b) provided ten chips to customers; and (c) provided the winners of the instant gambling with beer chips as above; and (d) provided five chips equivalent to KRW 7,000,000 and KRW 7,000,000 or KRW 160,000.

As a result, the Defendant opened gambling for profit, while neglecting his duty to prevent gambling, other speculative acts, or disturbance in food service establishments as food service providers, thereby violating the code of practice of food service providers.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes on evidence and photographs of public morals establishments;

1. Article 247 of the Criminal Act (including the occupation of gambling and comprehensive opening of gambling), the main sentence of Article 97 subparagraph 6 of the Food Sanitation Act, and Article 44 subparagraph 8 of the same Article (including the occupation of violation of the matters to be observed by business operators, and inclusive) concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The crime of gambling as referred to in Article 247 of the Criminal Act is established when a person is a resident for the purpose of profit-making and opens a gambling place under his/her control. The crime of gambling is separate from the crime of gambling. The "gambling" means that the participating party contests the acquisition and loss of property by taking the property and by taking the part in the winning.