beta
(영문) 제주지방법원 2016.11.21 2016고정541

식품위생법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who leases and operates the D dan located in Jeju, and Defendant B is a non-person.

1. No person who conducts food service business for profit (excluding a place of business engaged in entertainment business prescribed by Presidential Decree to have workers engaged in entertainment) shall drink alcoholic beverages with customers, provide entertainment services (excluding performance by drinking alcohol, musical music, dance, dancing, dancing, etc.) which encourage customers by singing or dancing, or arrange such activities to any third person;

Nevertheless, from March 26, 2016 to March 23:50 on March 27, 2016, the Defendant arranged entertainment entertainment entertainment activities, such as providing Defendant B with two male customers in his name in Jeju-si D Do, with two male customers in his name in addition, and making them drink and drink.

2. No person who conducts food service business for profit (excluding a place of business engaged in entertainment business prescribed by Presidential Decree to have workers engaged in entertainment) shall drink alcoholic beverages with customers, provide entertainment services (excluding performance by drinking alcohol, musical music, dance, dancing, dancing, etc.) which encourage customers by singing or dancing, or arrange such activities to any third person;

Nevertheless, the Defendant, from March 26, 2016 to March 23:50, 2016, provided entertainment entertainment services, such as having two male customers on his/her name in Jeju-si D Do with two male customers on his/her name in order to attend a bar and having them drink according to it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A report on investigation (12 pages of investigation records);

1. Investigation report (Attachment of a dynamic image closure);

1. Application of statutes to a business license certificate and a business registration certificate;

1. Article 98 subparagraph 1 of the Food Sanitation Act and Article 44 (3) of the same Act concerning the applicable criminal facts and the selection of punishment for each crime;