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(영문) 서울중앙지방법원 2020.12.14 2020고정1781
식품위생법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From March 15, 2019 to January 2020, the Defendant is a person who runs an entertainment drinking house with the trade name “C” located on the first floor of Gangnam-gu Seoul Metropolitan Area B, and D is a person who has transferred his/her business to the Defendant around March 15, 2019 with permission for an entertainment drinking house business on July 16, 2013, and around March 15, 2019.

A person who succeeds to the status of a business operator shall report it to the head of the Gu within one month.

Nevertheless, on March 15, 2019, the Defendant entered into a real estate lease agreement with D and Gangnam-gu Seoul (Seoul) 1st underground floor (hereinafter “C”), which is a relocating business operator, with the Defendant, and acquired the business of the said “C” entertainment drinking club business, and succeeded to the status of the business operator, the Defendant operated the said business establishment until the middle of January 2020 without filing a report within one month.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on the business permission management ledger of food service business permission (report) business registration certificate (C) business registration certificate, photograph, real estate lease contract to the defendant's written statement of suspect interrogation of the police suspect against D;

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 1 and 39 (3) of the Food Sanitation Act (Selection of Fine) of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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