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(영문) 서울서부지방법원 2015.06.26 2014고정307

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C is a person who operates a club under the trade name of "E" on the first floor of Yongsan-gu Seoul Metropolitan Government D, and the defendant is a manager of the above club that manages the life-time business, DJ, etc.

From March 18, 2013 to May 18, 2013, the Defendant conspired with C without obtaining permission from the competent authorities, and engaged in entertainment tavern business, such as having the area of approximately 233.31 square meters in the above club from March 18, 2013 to May 18, 2013, equipped with table 14, lighting facilities (private key lighting), dance halls which are amusement facilities, and entertainment rooms, selling alcoholic beverages and alcohol to customers, and having them dance at a stage.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Control note;

1. Business report certificate and business registration certificate;

1. On-site photographs (the defendant argued that he was unaware of the fact that he did not obtain permission for an entertainment drinking club in the club as indicated in the judgment, but the following circumstances acknowledged by the evidence of the judgment, namely, the defendant served as an employee in the club as indicated in the judgment from August 2012, and appears to have been aware of the fact that he had been engaged in an entertainment drinking club business without obtaining permission for an entertainment drinking club on January 2013, and the defendant requested C to operate the club as indicated in the judgment from March 2013, and actually operated the club as well as managing its operation and funds. Since C seems to have been almost involved in the operation of the club thereafter, it is reasonable to deem that the defendant operated the club with the knowledge that he did not obtain permission for an entertainment drinking club in the judgment, in full view of the regulatory situation of the club as indicated in the judgment and the status of operation of the surrounding club).

1. Article 94 Subparag. 3 and Article 37(1) of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013); Article 30 of the Criminal Act (amended by Act No. 11986, Jul. 30, 201);

1. Detention at a workhouse;