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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.
Reasons
Punishment of the crime
【Criminal Force】 On March 21, 2003, the Defendant was sentenced to a fine of 7 million won in violation of the Food Sanitation Act at the Seoul Central District Court, etc. 6 times the same criminal records.
【Criminal Facts】
1. Any person who intends to run an entertainment tavern business in violation of the Food Sanitation Act shall obtain permission from the competent administrative agency;
The Defendant operated the “C” main points in Seongbuk-gu Seoul Metropolitan Government from August 10, 2015 to June 26, 2015 without obtaining permission from the competent administrative agency, and operated the entertainment drinking house business by operating the said main points in Seongbuk-gu Seoul Metropolitan Government, and by installing gas bags, kitchens, cooling utensils, and singing machines inside the said main points, employing female employees such as D, and by making them prepare and sell drinking and drinking alcohol to customers E, etc. and encourage them to provide entertainment.
2. No person other than credit card merchants who violate the Specialized Credit Financial Business Act shall make a transaction by credit cards, etc. in the name of credit card merchants;
On August 25, 2015, the Defendant lent a mobile card terminal of the “F station” from the representative of the “F station” (location population G at Gyeonggi-si) who is a credit card merchant, to a credit card merchant, and on the 26th day of the same month, around 01:20 and around 02:18, the Defendant traded credit card in the name of the “F station” by taking out the card (credit card number : I) in order to receive the payment of the sales price of alcohol, alcohol, etc. from customers E, and settling the total sum of 1.4 million won with the above mobile card terminal.
Summary of Evidence
1. Defendant's legal statement;
1. Each police suspect interrogation protocol of E and H:
1. Statement made to D by the police;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of criminal records of a suspect A), judgments, and application of the total of eight copies of Acts and subordinate statutes in summary order;
1. Article 94 (1) 3, Article 37 (1), and Article 36 (1) 3 of the Food Sanitation Act (limited to the occupation of business without permission, including the occupation of business without permission), which applies to the relevant criminal facts and the choice of punishment;