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(영문) 서울남부지방법원 2020.06.11 2020고정708

식품위생법위반

Text

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

When the defendant does not pay the above fine, 100,000 won shall be respectively.

Reasons

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of Geumcheon-gu Seoul Metropolitan Government’s first underground floor “C”.

Any person who intends to operate a dan shall obtain relevant business permission from the competent authority pursuant to relevant Acts and subordinate statutes.

Nevertheless, the Defendant did not obtain permission from the competent authority for the entertainment business, from March 9, 2017 to November 2019, and operated a entertainment bar business by providing customers with the table and sound facilities of 207.23 square meters in size from “C” and providing them with alcohol and albble alcoholic beverages, performing Banbs by using sound facilities, and singing with customers.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection (violation of the Food Sanitation Act);

1. Application of Acts and subordinate statutes on site photographs and business report certificates;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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