Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

The Defendant is a person who operates D’s mutual club from July 2015.

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

Nevertheless, from July 4, 2015 to August 2, 2015, the Defendant sold alcoholic beverages from D operated by the Defendant located in Gyeonggi-gun E, such as 5,00 won for beer and 10,000 won for beer, and from customers, the Defendant received admission fees of 50,000 won for male, female 30,000 won for beer and 200,000 won for the table, and had the Defendant install and use facilities for special lighting, such as music of items, large LED, etc., which the DJ formed in order to encourage customers to enjoy amusement, and, if the show of things falls off at the same time, the Defendant operated an entertainment shop business without permission, such as having customers enjoy dancing.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 94 of the relevant Act and Articles 94 subparagraph 3 and 37 (1) of the Food Sanitation Act concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged business establishment of this case does not operate alcoholic beverages by cooking and selling alcoholic beverages, and there are no entertainment workers and entertainment facilities. Thus, the business form of the instant business establishment cannot be deemed as an entertainment shop business.

2. Determination

(a) A person who intends to conduct the following businesses shall be equipped with facilities meeting the facility standards prescribed by Ordinance of the Ministry of Health and Welfare:

3. The detailed types and scope of business under each subparagraph of paragraph (1) shall be prescribed by Presidential Decree;

Article 37 (Business Permission, etc.) (1) Any person who intends to engage in any business prescribed by Presidential Decree among those referred to in the subparagraphs of Article 36 (1).