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(영문) 대전지방법원 2018.04.19 2017고단4751

식품위생법위반

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Any person who intends to run a dan business shall obtain permission from the competent authority for each type of business or each place of business, as prescribed by Presidential Decree.

Nevertheless, on September 14, 2017, the Defendant: (a) obtained a general restaurant business license on the first floor of the Seo-gu Daejeon-gu Daejeon-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) with the trade name “Csing practice site” on September 14, 2017; and (b) made two female workers and five other persons visiting the business place equipped with business facilities, such as a room of 72.93 square meters, automatic reflectr, screen board, video device for caption, microphones, tables, etc., and sold them, after receiving KRW 1.20,00,000 for each of the two female workers and five other persons visiting the business place, and prepared alcoholic beverages and alcoholic beverages, and put them in a singing in line with the contents of the said device.

In addition, the Defendant, from November 5, 2016 to September 14, 2017, committed a business of cooking and selling mainly alcoholic beverages to unspecified persons without obtaining permission from the competent authorities, and in such a manner as above, it violated the Food Sanitation Act by running a entertainment bar business, such as raising income equivalent to an average of 3.50,000 won per day when customers are allowed to singing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. A copy of a business report;

1. Application of statutes on site photographs;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act concerning facts constituting an offense, and Articles 94 (1) 3 and 37 of the same Act concerning selective punishment, and selection of fines;

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

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