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(영문) 춘천지방법원 강릉지원 2015.06.18 2015고단157
식품위생법위반
Text

Defendant

A shall be punished by a fine of 1,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. No business operator who is a defendant A food service business operator shall encourage or impliedly encourage employees of his/her food service business establishments to receive money and valuables in return for temporary demand beyond his/her place of business;

Nevertheless, the Defendant, who operated the “FC” in Gangseo-si E, committed an act of receiving KRW 200,000 in cash in return for time demand from customers B outside of the above place of business from July 24, 2014 to July 22:40.

Accordingly, the defendant violated the code of practice of food service business operators.

2. On July 24, 2014, Defendant B reported to 112 the following: (a) around 23:00 on July 24, 2014, Defendant B: (b) on the day, the fact was that: (c) the Defendant, from “FC” to “FC”, was drinking out KRW 200,000 in cash and delivered cash 20,000,000 to female employees; (d) the said G did not comply with the Defendant’s proposal for sexual traffic although there was no fact that the said G stolen cash amounting to KRW 20,000,000 owned by the Defendant; and (e) reported the fact that the Defendant was sent to the cell phone, and (e) the developments leading up to the dispatch to the site, and (e) the J reported to the K that “The G used to steal the cash amounting to KRW 50,000,000 in cash from KRW 630,00 in cash.”

Accordingly, the Defendant reported false facts to public offices for the purpose of having the above G receive criminal punishment.

Summary of Evidence

Defendant

A

1. Defendant's legal statement;

1. Defendant B of the suspect interrogation protocol concerning G;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to report the occurrence and autopsy of cases;

1. Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) of the same Act (the point of violation of the rules of business operators, the choice of fines): Defendant B: Article 156 of the Criminal Act (the point of non-prosecution and the choice of imprisonment).

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