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(영문) 춘천지방법원 강릉지원 2019.02.20 2018고단1301

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a mutual accommodation of “C” in Gangnam-si B.

A person who intends to run an entertainment drinking house business shall obtain permission from the head of a Si/Gun/Gu, as prescribed by Presidential Decree.

Nevertheless, from July 19, 2018 to August 22, 2018, the Defendant established a sales stand, etc. on the first floor of the said “C” underground without obtaining permission from the Gangnam branch market, and installed a sales stand, large spackers, special lighting, alcoholic beverage, and alcoholic beverage, etc. The Defendant: (a) received an admission fee of KRW 10,000 per person; and (b) allowed customers, who were in the so-called “golti,” to dance and drink alcohol in music.

Accordingly, the defendant was engaged in entertainment tavern business without obtaining permission.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. [In the case of investigation reports (C) - 11 copies of photo of the closure of the C Operating website], [In the case of investigation reports (Ghill viewing C management ledger), official books requesting C Business License (Report) Management Book, Food Service Business License (Report) Management Book], and [In the case of investigation reports (C's golf club frequency related data) - The contents of a black notice] legal application

1. Article 94 (1) 3 of the Food Sanitation Act and Article 37 (1) of the same Act concerning facts constituting an offense.

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