식품위생법위반
1. Defendant shall be punished by a fine of KRW 10,000,000;
2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1
Punishment of the crime
The Defendant is a food entertainment business operator with the business territory of “E”, which is a resting restaurant on the fourth floor and the food entertainment business operator of the food entertainment business place, and the employees of the food entertainment business place shall not engage in any act that encourages or impliedly accepts money and valuables in return for the time required to be off the business place.
Nevertheless, from Jun. 2015 to Jul. 30, 2017, the Defendant operated the above E, while having an unspecified number of customers receive KRW 30,00 won per non-hour clocket, and had F, G, H, I, J, K, etc. off the place of business and send the hours to the said customers, and in return, had employees of the business place receive money and valuables from the said customers receive money and valuables in return, and thereby, violated the rules of the food entertainment business operator.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of suspect of the accused;
1. A protocol concerning the examination of suspect in preparation of a public prosecutor with regard to G;
1. Each protocol concerning the examination of a police officer in relation to J, I, F, H, G, K, or L;
1. Each statement of M, H, G, N, and K preparation;
1. An investigation report (Re-Analysis of E Business Place), an investigation report (calculated of criminal proceeds of a suspect A);
1. Application of Acts and subordinate statutes on seizure records;
1. Subparagraph 6 of Article 97 of the Food Sanitation Act and Article 44(1) Subparagraph 8 of the same Act concerning facts constituting an offense, Article 57 of the Enforcement Rule of the Food Sanitation Act [Attached Table 17], and selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 48 (1) 2 of the Criminal Act to be confiscated;
1. Supreme Court Decision 205Do9858 delivered on April 7, 2006, which states that the amount of additional collection under Articles 48(1)2 and 48(2) (78,00,000 won = 3,000 won x 26 months x 26 months, and that it does not require any strict proof for the calculation of the amount of additional collection under Articles 48(1)2 and (2) of the Criminal Act;
1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment order is employed by the Defendant while the Defendant is running multiples.