[식품위생법위반][미간행]
Defendant
Edivers
Attorney Choi Jin-Law in charge of the law firm training
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 50,000 won into one day.
To order the defendant to pay an amount equivalent to the above fine.
The Defendant is a person who operates the Seocho-gu Seoul Metropolitan Government 2-dong (number omitted) △△○○○○○.
Business operators and their employees prescribed by Presidential Decree, such as food service business operators, shall observe matters prescribed by Ordinance of the Ministry for Health, Welfare and Family Affairs for the sanitary management and maintenance of business and the improvement
The Defendant received a report on general restaurant business from the head of Seocho-gu in the form of food service business and business. A general restaurant business operator shall not engage in the business of cooking and selling food, where drinking is allowed along with meals, and selling alcoholic beverages only or cooking and selling teas mainly.
Nevertheless, from November 5, 2009 to December 5, 2009, the Defendant had eight contents in which approximately 293.34 square meters and about 10 customers can sit in one room, and employed eight female employees, including Nonindicted 1 (n, 27 years of age, etc.), and two male employees, etc., and sold alcoholic beverages and liquors, and up to December 2009, up to December 2009.
Accordingly, the Defendant violated the obligation of food service business operators, etc. by engaging in business activities that sell alcoholic beverages only as seen above, even though it was a general restaurant business operator who is allowed incidental to meals.
1. Defendant's legal statement;
1. Each statement made by Nonindicted Party 1, 2, 3, and 4 in the third trial record;
1. Each police suspect interrogation protocol against Nonindicted 3, 4, 2, and 1
1. Each statement of the defendant;
1. Scenic photographs of the site;
1. Article applicable to criminal facts;
Articles 97 subparag. 6 and 44(1) of the former Food Sanitation Act (Amended by Act No. 9932, Jan. 18, 2010)
1. Selection of punishment;
Selection of Fines
1. Detention in a workhouse;
Articles 70 and 69(2) of the Criminal Act
1. Order of provisional payment;
Article 334(1) of the Criminal Procedure Act
It is so decided as per Disposition for the above reasons.
Judges Lee E-soo-type