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(영문) 서울남부지방법원 2014.02.17 2013고정3084
식품위생법위반
Text

Defendant

A shall be punished by a fine of one million won, and the defendant B shall be punished by a fine of three hundred thousand won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The defendant A, a person who operates a general restaurant on the name of "E" on the Guro-gu Seoul Metropolitan Government Two Floors, shall not drink alcoholic beverages with customers or arrange entertainment with singing or dancing at a place where food service business is provided for profit-making purposes.

Nevertheless, at around 22:30 on July 22, 2013, the Defendant arranged employees B to drink with the customer F and to provide entertainment to the customer.

2. The defendant B, who works as an employee in the above "E", shall not drink with customers, sing or dance with customers at a place where food service business is operated for profit-making purposes.

Nevertheless, the Defendant received KRW 70,000 per day at the date, time, and place under the above 1.1., and had the customer F in company with the customer F, and had the customer drink with the customer and encourage the customer to provide entertainment.

Summary of Evidence

1. Legal statement of witness G;

1. A business notification certificate;

1. On-site photographs;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to relevant written judgments);

1. The Defendants: Article 98 subparagraph 1 of the Food Sanitation Act and Article 44 (3) (Selection of Fine) of the same Act concerning criminal facts;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) of the Criminal Procedure Act or more.

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