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Defendants shall be punished by a fine of KRW 2,000,000.
The Defendants did not pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A is a dietitian working in a group meal facility, and Defendant B is the head of the “D kindergarten” in Yangcheon-gu Seoul Metropolitan Government, and is the operator of a group meal facility in a kindergarten.
1. No person who has obtained a license for a dietitian of defendant shall lend his/her license to another person;
Nevertheless, the Defendant, around July 2016, received KRW 100,000 per month from Bupyeong-gu Incheon E building and KRW 403,000 per month, and, until October 2016, lent his dietitian’s license to the head of D kindergarten “D kindergarten” B, thereby allowing him to use it in the operation of the group meal facility in that kindergarten.
2. The operators of the meal places in Defendant B shall employ dieticians;
Nevertheless, the Defendant operated a group meal facility without employing a dietitian from July 2015 to October 2016.
Summary of Evidence
1. Defendants’ legal statement
1. Nutrition's license;
1. Contracts for the appointment of dieticians;
1. Application of Acts and subordinate statutes concerning reports on the installation of meal facilities in a group;
1. Defendant A of the relevant provision of the Act on Criminal Facts: Articles 28(1) and 18(2) (excluding punishment penalty) of the National Nutrition Management Act; Articles 96 and 52(1) (excluding punishment penalty) of the Food Sanitation Act;
1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;