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(영문) 제주지방법원 2016.09.28 2016고정352
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The Defendant is a person operating a general restaurant (hereinafter “instant restaurant”) under the trade name of “D” in Jeju City.

No general restaurant business operator shall encourage employees to drink alcoholic beverages with customers and encourage them to provide amusement.

On January 12, 2016, the Defendant, in the instant restaurant around 01:16, had E, a female employee, receive approximately 40 minutes of alcoholic beverages from f, G, and H, who were found to be a customer, and received alcoholic beverages. The Defendant also promoted the employees’ entertainment entertainment activities, such as having the customer attend the restaurant and receive alcoholic beverages, and having the customer drink.

Summary of Evidence

1. Part of each legal statement of witness F and G;

1. Investigation report (in the form of a telephone with a suspect);

1. Investigation reports (Submission, etc. of suspect financial transaction statements) and detailed statement of financial transaction;

1. Part of the police statement protocol against E;

1. Investigation report (the details of the prosecutor's direction);

1. 112 Reporting case handling table;

1. On-site photographs;

1. Determination on the argument that a non-business report certificate (general restaurant) is a crime: ① the Defendant did not drink with the customers, such as G, at the date, time, place, etc. of the instant case; ② E was not a entertainment receptionist, but the Defendant was able to assist the Defendant, and E did not drink with the customers, such as G, and ③ even if the Defendant and E were to drink with the customers, they did not drink with G.

In addition, this article argues that not “the entertainment entertainment” but “the entertainment entertainment” is unreasonable.

However, according to the aforementioned evidence, the Defendant’s drinking together with G et al. customers from February 2014 to December 2, 2014; E once again from November 2015 to December 2015 to the end of December 2015, and the instant restaurant was engaged in drinking together with G et al. at the instant date, time, place, and place. On the other hand, Article 44(3) of the Food Sanitation Act recognizes that anyone provided “for profit-making purposes,” Article 36(1)3 of the Food Sanitation Act.

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