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(영문) 청주지방법원 2013.08.22 2013고정558
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a food service business operator operating “D” on July 10, 2012 from around July 10, 2012 to around November 2, 2012, the second floor of Chungcheongnam-gun and the second floor of Chungcheongnam-do.

No business operator or employee of a food service business establishment shall receive money and valuables in return for temporary requirements beyond the place of business, or shall encourage or impliedly encourage the above acts of employees.

Nevertheless, the Defendant instructed E, an employee of the above multi-party, to receive KRW 30,00 per hour from the above D and to receive 30,000 won per hour from the customer, and to pay the received money to the Defendant in the manner of delivering it to the Defendant, and agreed to divide it into KRW 5:5,00. On September 10, 2012, the Defendant instructed the employee E to receive KRW 60,000 from the employee E by sending the time to the customer E at a place where the number of hours is 2 hours per hour, and sending the time to the customer E, and then giving and receiving KRW 60,000 as part of the hour.

In addition, the Defendant, from the above date to October 31, 2012, had employees E receive money and valuables in return for the time required outside the business place and receive money and valuables from the employees E through eight times in total in the same manner as indicated in the list of crimes in the attached Table, in the same manner as in the attached list of crimes, from the above time to the end of October 31, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Application of each police interrogation protocol to I, J, and H

1. Relevant Article of the facts constituting an offense, and Articles 97 subparagraph 6 and 44 (1) of the Food Sanitation Act that choose punishment (generality and choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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