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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The Defendant is a person who operates the “C” on the first basement of Eunpyeong-gu Seoul Metropolitan Government.
A person who intends to run a food entertainment business shall obtain permission from the competent authority for each type of business or each place of business.
Nevertheless, the Defendant appears to be due to mistake and clerical error from July 21, 2018, and thus, to the extent that there is no substantial disadvantage to the Defendant’s exercise of the Defendant’s right to defense. From June 20, 2020, the following applicable legal provisions also run an unauthorized entertainment business by installing facilities capable of automatically speaking and singing in the place of business and allowing an unspecified customer to singing.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the police officers of the accused;
1. Reporting on detection;
1. Application of Acts and subordinate statutes on control field photographs;
1. Relevant Article of the Act on Criminal facts and Articles 94 (1) 3 and 37 (1) of the Food Sanitation Act (Selection of a punishment penalty) concerning the selective punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Determination of punishment as ordered by taking into account all the factors such as the reason for sentencing under Article 334(1) of the Criminal Procedure Act, circumstances, economic condition, possibility of recidivism, etc.