Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a person who operates a general restaurant with the trade name of Geumcheon-gu Seoul Metropolitan City.

A person who intends to run an entertainment drinking club business shall obtain permission from the head of the competent Gu, but at around 00:30 on September 1, 2012, the defendant installed lighting facilities, such as LoED, original temperature, sn beam beamline, etc., at the above business establishment without such permission, so that customers who find out the type of snare allowed to enjoy dancing.

Accordingly, the defendant is running an entertainment drinking house business without obtaining permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Investigation record of the criminal suspect against the defendant;

1. Application of Acts and subordinate statutes to investigation reports (related to business license and photographs);

1. Article 94 of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and Articles 94 subparagraph 3 and 37 (1) of the same Act, the selection of fines;

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

1. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserts that the establishments of this case are within the scope of general restaurant business types, and they do not require permission for separate entertainment taverns.

2. Determination

A. (1) The detailed types and scope of food service business businesses under Article 36(2) of the Food Sanitation Act, under Article 21(b) through (d) of the Enforcement Decree of the Food Sanitation Act, shall be determined as follows:

(b) General restaurant business: Business of cooking and selling foods, where drinking accompanied with meals is allowed;

(c) K bar business: Business of cooking and selling mainly alcoholic beverages, where customers are allowed to sing;

(d) Entertainment bar business: Business of cooking and selling mainly alcoholic beverages, where workers engaged in entertainment may be employed or entertainment facilities may be established, and customers may sing or dance (2).