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(영문) 서울중앙지방법원 2016.03.17 2016고단335
식품위생법위반
Text

Defendant

A shall be punished by a fine of KRW 3,000,00 and by a fine of KRW 7,00,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

A person who intends to operate a dan business among food entertainment businesses shall obtain permission from the competent administrative agency.

Nevertheless, the Defendants conspired and did not obtain permission from the competent authorities, from March 17, 2015 to January 26, 2016, with the trade name of “G” on the first floor of the building located in Gangnam-gu Seoul Metropolitan Government from March 17, 2015 to January 26, 2016, operated a studio 10, the size of which is 213.2 square meters and installed a studio, table, small wave, and singing room machine, and run a dial bar business with a sales amounting to KRW 10 million per month.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution with regard to H;

1. Application of Acts and subordinate statutes to the management ledger of food entertainment business permission, general building ledger, confirmation book, and internal photographic Acts and subordinate statutes;

1. Relevant Article 94 (1) 3 of the Food Sanitation Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of each Criminal Procedure Act include: (a) the defendants' time to commit a crime; and (b) most of the funds raised during the opening of the above general restaurant business are defendants B; (c) the degree of the violation; (d) the degree of the violation; (e) the criminal record; (e) the defendants' age; (e) the sexual conduct; and (e) the circumstances constituting the conditions for sentencing as indicated in the argument of the instant case.

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