The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to misunderstanding of facts, misunderstanding of legal principles, the Enforcement Decree of the Food Sanitation Act, and the Supreme Court precedents, etc., “entertainment bar business” means a case where entertainment workers are employed, or entertainment workers or customers are engaged in dancing, and a dance hall was established and operated. The Defendant merely leased the site of the instant business site to H, etc., and the Defendant did not operate D clubs as stated in the facts charged. Since the instant business site did not have entertainment workers and did not have entertainment facilities, the lower court found the Defendant guilty of the facts charged in the instant case on a different premise, on the contrary that the Defendant did not have entertainment bar business as prescribed by the Food Sanitation Act, and did not have entertainment facilities, and thus, did not err

B. The lower court’s sentence (five million won of a fine) imposed on the Defendant is excessively unreasonable.

2. Determination

A. The summary of the instant facts charged by the Defendant is a person who operated D’s mutual club from July 2015 to July 2015.

Any person who intends to engage in entertainment bar business shall obtain permission from the Minister of Food and Drug Safety, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu, as prescribed

Nevertheless, from July 4, 2015 to August 2, 2015, the Defendant sold alcoholic beverages from D operated by the Defendant located in Gyeonggi-gun E, with the amount of KRW 5,000,000 per share, and KRW 100,000 per share, and received admission fees of KRW 50,000 per man from customers, KRW 30,000 per share, and KRW 200,000 per share, from customers, and made them install and use facilities such as the music of items and special lighting such as large-scale LED, which the DJ schers, to encourage customers to enjoy entertainment.