Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who operates a general restaurant in the name of “C”.

A person who intends to run an entertainment drinking house business shall obtain permission from the Administrator of the Korea Food and Drug Safety Agency or the Governor of the Special Self-Governing Province, the head of a Si/Gun/Gu, the head of a Si/Gun/Gu, and the head of a Si/Gun/Gu. Notwithstanding the fact that he/she obtained permission from the head of a Si/Gun/Gu, he/she operated a general restaurant from December 21, 2012 to February 23:3:30, 2014, the Defendant operated an entertainment drinking house business without permission by installing a space for special lighting, such as a dJprink and rash, in the said place of business, with which he/she has access to customers to enjoy entertainment by using music and special lighting.

Summary of Evidence

1. Partial statement of the defendant;

1. The report management ledger of food service business;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that the defendant's business type operated under the trade name of "C" (hereinafter "the business type of this case") is only a general restaurant business, and it does not constitute an entertainment drinking house business. Thus, the defendant and his defense counsel did not have a duty to obtain permission from the competent administrative agency for entertainment drinking house business.

2. Determination

(a) Article 37(1) of the Food Sanitation Act provides that a person who intends to engage in food service business prescribed by Presidential Decree shall obtain permission from the Commissioner of the Korea Food and Drug Administration, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu for each type of business or place of business, as prescribed by