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(영문) 서울동부지방법원 2018.06.01 2018고정47

식품위생법위반

Text

Defendant

A shall be punished by a fine of KRW 3 million, by a fine of KRW 500,000, by a fine of KRW 500,000, and by a fine of KRW 500,00.

Reasons

Punishment of the crime

1. Defendant A is a person who registers with the head of Gangdong-gu Seoul Metropolitan Government head of Gangdong-gu with the trade name “E” on the first floor of the D Building underground, and operates a danran bar.

No person shall, for profit, drink alcoholic beverages with customers, provide entertainment to customers by singing or dancing, or arrange such acts to provide any other person with entertainment services.

Nevertheless, at around 22:00 on June 26, 2017, the Defendant arranged to provide entertainment to customers by dancing while drinking alcoholic beverages together with F, etc., by receiving a request from the customer F (46 tax) from the above 7 entertainment room.

In order to operate entertainment establishments, as prescribed by Presidential Decree, the Defendant provided the above entertainment establishments without obtaining permission from the head of the Gangseo-gu, despite obtaining permission therefor from the head of the Gu.

2. Defendants B and C received KRW 50,00 per hour from F, a customer for profit at the above date, time, and place, and provided entertainment with dancing and singing together with customers F.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement;

1. Application of Acts and subordinate statutes for reporting voluntary accompanying;

1. Relevant legal provisions and Defendant A who has the choice of punishment for a crime: Articles 94(1)3 and 37(1) of the Food Sanitation Act; Defendant B who has the choice of a fine; and Defendant B who has the choice of a fine: Articles 98 subparag. 1 and 44(3) of the Food Sanitation Act; each of the choice of a fine;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act