A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

Defendant is a person who runs a general restaurant business after filing a business report with the head of the Shisan-gu in the Jeonju-si in the Jeonju-si under the name of “D” in the Jeonju-si.

A person who intends to operate an entertainment shop business shall obtain permission from the head of a Si/Gun/Gu for each type of business or each place of business, as prescribed by Presidential Decree.

Nevertheless, on June 24, 2016, the Defendant applied for permission to amend the Bill of Indictment as above with regard to the date and time of business on the second trial date without obtaining permission to operate entertainment establishments, and this court granted such permission.

From July 11, 2017 to the above "D", a performance hall (254 square meters) was installed next to the above "D" and a performance hall was installed with special lighting facilities, such as a rasher, and sold alcoholic beverages or beverage water to the above restaurant at the average of 100 guests (admission 1,000 won) per day, and had the performance hall be danced under music and special lighting.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the crackdown on any business place (D) violating the Food Sanitation Act;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94(1)3 and 37(1) (including inclusive) of the Food Sanitation Act, and choice of imprisonment with prison labor;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the Defendant committed an entertainment shop business, such as setting up a performance hall without permission of the competent authority, selling alcoholic beverages or beverages, etc., with a considerable operating period of one year and one month, and thus, the Defendant committed a second offense even if he was punished by a fine of three times for the same offense from around 2014 to the same offense.

However, the defendant recognized the facts of the crime of this case and forced the owner, including the defendant, to perform the construction of illegal business facilities.