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(영문) 서울중앙지방법원 2017.06.20 2017고정1197
공중위생관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a beauty and art establishment in the name of “C” in the Jung-gu Seoul Metropolitan Government B and 3 floors.

1. Any person who intends to operate a public sanitary business (the point of business not reported) in violation of the Public Health Control Act shall have facilities and equipment prescribed by the relevant Acts and subordinate statutes and report it to the competent authority;

Nevertheless, from July 31, 2015 to February 16, 2017, the Defendant, without reporting to the competent administrative agency, provided four-day work units at the above beauty art establishments with approximately 15 square meters, two-day management units, one bed, three chairs for the purpose of administering procedures, three emergency-line disinfection units, and other beauty art establishments and equipment, and provided customers who find their places with the above beauty art establishments and equipment, with the monthly average sales of approximately 4.4 million won.

2. No person, other than a person who has obtained a beauty artist's license, shall open a beauty art business or engage in such business;

Nevertheless, the defendant did not obtain a beauty artist's license, and opened beauty business at the above place from July 31, 2015 to February 15, 2017, and provided beauty service to the customers who found the place for beauty service by providing saw and saw management, eyebrow extension, etc. to beauty service.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police investigation report;

1. Application of Acts and subordinate statutes on a receipt, business place photograph, business registration certificate, and real estate lease contract;

1. Article 20 (1) 1, the former part of Article 3 (1) (the point of business not reported) of the relevant Public Health Control Act concerning criminal facts, Article 20 (3) 2, and Article 8 (1) (the point of business not licensed) of the Public Health Control Act concerning criminal facts;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of an alternative fine;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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