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(영문) 서울남부지방법원 2017.07.13 2017고정869
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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 dan with the trade name “C” in Yeongdeungpo-gu Seoul Metropolitan Government.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such activities to provide entertainment to other persons at a place where food entertainment business is conducted for profit.

Nevertheless, at around 20:00 on January 26, 2017, the Defendant: (a) received 35,000 won per hour from C “C” to 8 customers, including D (son and 47 years of age); and (b) requested four female visitors, who have no name, to engage in drinking with customers and to engage in singing with them; and (c) assisted them for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to report internal investigation (to telephone conversations with reference D), investigation report (to currency with reference F), investigation report (to verify the identity of a suspect) and investigation report (to verify the counterpart of the suspect's telephone details);

1. Subparagraph 1 of Article 98 of the Food Sanitation Act and Article 44 (3) of the same Act concerning facts constituting an offense, the selection of a fine;

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;

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