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(영문) 서울중앙지방법원 2017.01.19 2016고단7229

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

A person who intends to operate a dan business among food entertainment businesses shall obtain permission from the competent administrative agency.

Nevertheless, the Defendant did not obtain permission from the competent authorities, from August 2012 to February 23, 2016, installed 7 studio 10 square meters in the area of 310 square meters in the name of “H” on the 18th floor of the Gangnam-gu Seoul Metropolitan Government G Building from around August 2012, and operated a dan bar business with sales of 500 to 60 million won per month.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the investigation report on the criminal place of the case to which the violation of the Food Sanitation Act is committed, the investigation report on the business of H sight points without permission, the business registration certificate, and the business permission (report) of food entertainment business;

1. Relevant Article 94 of the Food Sanitation Act and Article 94 of the same Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

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

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the confession and reflect of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the size and period of business; (c) the degree of violation; (d) profits from the crime; and (e) the transfer of the above business establishment after the crime; (b) the relationship before and after the crime; (c) the Defendant’s age, sexual conduct, environment, family relationship; (d) the motive and consequence of the crime; and (e) the circumstances constituting the conditions for sentencing as