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(영문) 부산지방법원 2017.05.25 2016고정4255
식품위생법위반
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

The Defendant is a person who operates the “C” in the Busan Northern-gu B building and the fourth floor.

1. A person who intends to run a dan business in violation of facility standards shall have facilities suitable for the dan business;

When a guest room is installed, the inside of the guest room shall be installed so that the inside of the guest room can be seen as a whole at the center of the main guest room, and it shall not be installed in a passage form or corridor form, and the area of a guest room that may be installed shall not exceed 1/2 of the area of the guest room.

Nevertheless, between June 12, 2015 and April 1, 2016, the Defendant used a total of 255.36 square meters for four stories exceeding 125.19 square meters in the permitted place of business, such as additional installation of seven guest rooms in the form of a corridor, etc., as a place of business, between June 12, 2015 and April 1, 2016.

As a result, the defendant installed a entertainment room in a hallway form so that the inside of the guest room at the center of the main guest room can not be seen as a whole, and more than a half of the area of guest room was installed.

2. A report shall be filed with the competent authority on the change of the area of the place of business that has not been reported.

Although the Defendant had extended the area of business from 125.19 square meters to 25.36 square meters as stated in paragraph (1), the Defendant did not report to the competent authority.

Summary of Evidence

1. A written statement;

1. Application of Acts and subordinate statutes to a copy of the letter of transfer of the case, investigation report (report on hearing statements of enforcement officers), investigation report (Attachment to materials, etc. related to administrative dispositions prior to the dan;

1. Article 97 subparagraph 4 of the relevant Act on criminal facts, Article 97 subparagraph 4 of the Food Sanitation Act, Article 36 (1) of the Food Sanitation Act (which does not meet the facility standards for food entertainment business), Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (3) of the Food Sanitation Act (which means a failure to report minor changes, among the permitted matters), and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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