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(영문) 광주지방법원 2020.06.10 2019고정755

식품위생법위반

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The sentence against the accused shall be determined by a fine of two million won.

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

Reasons

Punishment of the crime

The defendant is a person who runs a dan in the name of "C" under the ground of the building located in Gwangju Mine-gu B.

1. No one shall, for the purpose of profit-making, arrange for any other person to drink alcoholic beverages with customers, or to provide entertainment to customers by singing or dancing;

Nevertheless, around 00:00 on July 6, 2019, the Defendant: (a) received KRW 30,000 per customer per customer in the above C; (b) consulted four customers, including D, E,F, and G, who are the cause of entertainment, with four customers whose names cannot be known; and (c) assisted the entertainment of customers by drinking alcohol, singing, or dancing.

2. A person who intends to run an entertainment tavern business without permission shall obtain permission from the Minister of Food and Drug Safety or a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the

Nevertheless, from July 6, 2019 to September 23, 2019 without a business license for an entertainment drinking house, the Defendant, at the place described in the foregoing paragraph (1) from July 6, 2019 to September 23, 2019, operated an entertainment drinking house business where female entertainment workers, such as F, in combination with customers, drink with alcohol, or encourage customers to enjoy entertainment by singing or dancing, and prepared and sold alcoholic beverages and liquors.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning D, E, F, and G;

1. Application of Acts and subordinate statutes governing a business license;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94 (1) 3, 37 (1) of the Food Sanitation Act (Unauthorized permission, Selection of Fines) and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act (the point of arranging entertainment for profit-making and the choice of fines);

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

1. The Defendant’s assertion and judgment on the order of provisional payment under Article 334(1) of the Criminal Procedure Act are imposed on July 26, 2019 by the Gwangju District Court Decision 201 High Court Decision 201Da6492, supra.