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(영문) 서울남부지방법원 2018.05.10 2018고정367
식품위생법위반
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

B is a person who operates a dan in the trade name of Gangseo-gu Seoul Metropolitan Government “D”, and the defendant is an employee from the above “D”.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such activities to provide entertainment to other persons at a place where food entertainment business is conducted for profit.

Nevertheless, around August 11, 2017, B instructed the Defendant to provide entertainment services (one life-for-one person), and the Defendant, at around August 23:30, 2017, assisted the Defendant to provide entertainment services by 30,000 won per hour to E (36 years of age), and F (42 years of age) to provide entertainment services (30,000 won per hour) and one other than G (the remaining, 44 years of age) who is a customer and one other, and assisted the Defendant to provide entertainment services to the customer for the purpose of drinking.

Accordingly, the defendant committed a violation of the code of practice of food service providers in collusion with B.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, B, E, or F;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 98 of the relevant Act concerning criminal facts, Article 98 subparagraph 1 of the Food Sanitation Act and Article 44 (3) of the same Act concerning selective punishment, Article 30 of the Criminal Act, and selection of fines;

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

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

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