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(영문) 서울동부지방법원 2017.10.12 2016고단3974
식품위생법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The criminal facts C, around July 2014, operated a entertainment store as an actual business owner, and the Defendant, who was aware of C and C, was registered as a business owner by lending his/her name and thereafter registered as a business owner, he/she decided to play a role as the president of the second place of business as if he/she was a real operator.

Any person who intends to operate an entertainment shop business shall obtain permission from the competent authorities.

Nevertheless, on April 16, 2016, C did not obtain a business license for an entertainment shop from the competent administrative agency, and around 66.1 square meters of the business site in Songpa-gu Seoul Metropolitan Government “E main store” installed 66.1 square meters of the business site, and sold alcoholic beverages to the nameless customers who find the above main points, and had workers, such as F, engage in entertainment shop business by getting them to sing and singing with customers, and encourage them to provide entertainment for customers by singing in company with customers. The Defendant easily d by lending the name as above.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each legal statement of witness G, H and C;

1. Application of the Acts and subordinate statutes to photographs at enforcement sites;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94(1)3 and 37(1) of the Food Sanitation Act, and the choice of imprisonment;

1. Article 32(2) of the Criminal Act mitigated for aiding and abetting, and Article 55(1)3 of the same Act

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The portion not guilty of the community service order under Article 62-2 of the Criminal Act;

1. The summary of the facts charged was known to the Defendant.

C and around July 2014, the above C operated entertainment points as an actual business owner, and the Defendant registered the main store in his own name and puts down the control, and the Defendant, as if he were an actual operator, intended to play a role as the president of the State.

Any person who intends to operate an entertainment shop business shall obtain permission from the competent authorities.

Nevertheless, the defendant and C are in Songpa-gu Seoul Special Metropolitan City D around April 16, 2016 without obtaining a permission for amusement shop business from the competent authorities.

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