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(영문) 서울중앙지방법원 2016.08.10 2016고정2106

식품위생법위반

Text

Defendant

A shall be punished by a fine of KRW 2.5 million, Defendant B, and C, respectively, by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is a person who operates the "E" main points on the Gangnam-gu Seoul Metropolitan Government D2 that reported general restaurant business, and Defendant B and Defendant C are working as an employee at the above main points.

1. No person who provides food entertainment services shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services at a place where he/she provides food entertainment services for profit;

Nevertheless, Defendant A employed Defendant B and C as an entertainment service provider and arranged entertainment activities by having the entertainment service provider pay approximately KRW 3.5 million each month. On April 5, 2016, Defendant A, at the above “E” point around 23:55 on April 5, 2016, Defendant B and C present themselves in the third customer side of the said service provider, including F entered into the said three room, and let B and C drink alcoholic beverages and encourage entertainment.

2. No person who provides food entertainment services shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services at a place where he/she provides food entertainment services for profit;

Nevertheless, Defendant B received the remuneration of approximately KRW 3.5 million each month and agreed to work as entertainment reception service personnel at the main point of the said “E”, and around April 5, 2016, Defendant B appeared in company with three customers, such as F, etc., who entered the room No. 3 inside the said main point, and provided entertainment service.

3. No person who provides food entertainment services shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide such services at a place where he/she provides food entertainment services for profit;

Nevertheless, Defendant C, upon receiving the remuneration of approximately KRW 3.5 million each month, shall work as entertainment reception service personnel at the main point of the said “E”, and around April 5, 2016, around 23:55, Defendant C appeared in company with three customers, such as F, etc., who entered the room of the above main point, and provided entertainment service.