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(영문) 창원지방법원 거창지원 2015.12.02 2015고정72
식품위생법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On July 13, 2015, from around 20:30 to around 21:30 on July 20, 2015, the Defendant, along with C, D, E, F, and G, had seven separate cards using 52 card, each of which was held by each of the Defendant’s management “I restaurant” located in Gyeongnam-gun, Changnam-gun, by using 52 card. The Defendant, who first set up a card in line with the continuous number of the same pattern, or the sum of the number of the card in possession, was the winner, and 2,00 won, 30 won, and 3,000 won, and 4 won, were paid to the passenger.

2. A food service business operator who violates the Food Sanitation Act shall prevent gambling, other speculative acts, or acts disturbing public morals within his/her place of business;

On July 13, 2015, from around 20:30 to 21:30, the Defendant did not comply with the requirements to be observed by food service business operators by providing cards and gambling with five persons, within the “I cafeteria” operated by the Defendant in the Gyeongnam-gun H, Chungcheongnam-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for F, G, C, D, and E;

1. Written statements prepared by the J;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of relevant Acts and subordinate statutes and business report accompanied by a business report);

1. Relevant Article 246 (1) of the Criminal Act for the crime (the point of gambling), Article 97 subparagraph 6 of the Food Sanitation Act, and Article 44 (1) of the same Act for the crime (the point of violation of matters to be observed by a business operator, the selection of fines

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of concurrent crimes (which shall be limited to the sum of the maximum amount of the crimes above)] among concurrent crimes;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

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

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