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(영문) 서울고등법원 2015.02.06 2014누6755

영업정지처분취소

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff is a person running an entertainment drinking club (hereinafter “instant entertainment drinking club”) with the trade name “C” on the Gangnam-gu Seoul Metropolitan Government 1 and 2 level.

On December 26, 2011, customer D, E, and F, who found the entertainment drinking house of this case, was an entertainment entertainment entertainment entertainment entertainment restaurant member (J from October 201 to November 201, G, who was a partner of D, was retired from the entertainment drinking house of this case and went to the entertainment entertainment restaurant of this case. Around October 201, 201, he went to the entertainment drinking again after going to the entertainment drinking house of this case, and went to the police with a partner of each of the entertainment drinking houses of this case, and was able to go to the hotel located in the same building as the entertainment drinking house of this case.

On December 26, 2011, the head of the Seoul Gangnam Police Station requested the defendant on February 2, 2012 on the ground that I, the actual owner of the entertainment drinking club in the instant case, had mediated sexual traffic between D and G.

Accordingly, on August 22, 2012, the Defendant applied Article 75 of the Food Sanitation Act to the instant disposition ordering the Plaintiff to suspend business operations for one month (from September 21, 2012 to October 20), on the ground of violation of Article 4 of the Act on the Punishment of Acts of Arranging Sexual Traffic (hereinafter “Sexual Punishment Act”).

On the other hand, in the facts charged that "I arranged sexual traffic against D" during the trial of the appellate court, the indictment was changed in exchange for the facts charged that " employee H mediated sexual traffic against E and F with respect to the work of I," and I was convicted of the changed facts charged on December 13, 2013 and sentenced to a fine of KRW 3 million (Seoul Central District Court 2013No2531), and the appeal of I was dismissed and the judgment became final and conclusive.

【Based on Recognition, Evidence Nos. 1, 2, Eul Nos. 1 through 7 (including paper numbers) and all pleadings.