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(영문) 서울중앙지방법원 2013.05.07 2013고정764
식품위생법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A As of October 12, 2009, the head of Gangnam-gu Office with business place name C, Gangnam-gu Seoul Metropolitan City D, business place area of 245.60 square meters as “A” and the head of Gangnam-gu established 10 studios and run an entertainment drinking house business. Defendant B is a person who conducts business management, such as operation of the said entertainment drinking house, in the said entertainment drinking house.

The Defendants conspired to:

1. From October 12, 2009 to October 23, 2012, from October 29, 2012, 2012, “C” operated an entertainment drinking club business without reporting changes to the competent authority, even though three small and medium frequency TVs are installed in a space of approximately two square meters in front of an elevator in the emergency exit of an entertainment drinking club, and the area of the place of business is expanded by using it as an entertainment club room for an entertainment entertainment restaurant business;

2. From October 12, 2009 to October 12, 2009, even though there was no change in the category of business and the name of the post-business after obtaining permission for the business of an entertainment drinking club from “C”, the name of the business concern was displayed on the front signboard by “Cnode entertainment tavern” and “Cnonode” on the side signboard by indicating matters that may lead to confusion in the classification of business types, thereby violating the rules of food service business operators, etc.

Summary of Evidence

1. Defendants’ legal statement

1. Business license certificate;

1. Application of Acts and subordinate statutes governing enforcement photographs;

1. Subparagraph 1 of Article 97 of the Food Sanitation Act, Article 37 (3) of the same Act, Article 30 of the Criminal Act, subparagraph 6 of Article 97 and Article 44 of the Food Sanitation Act, Article 30 of the Criminal Act, Article 30 of the same Act concerning criminal facts;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

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