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1. The defendant shall be punished by imprisonment with prison labor for six months;
2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. Any person who intends to operate an entertainment shop business among food entertainment business violating the Food Sanitation Act shall obtain permission from the Minister of Food and Drug Safety or the Mayor of a Special Self-Governing City, a Special Self-Governing Province, a Special Self-Governing Province, or the head of a Si/Gun/Gu for each type of business or place of
Nevertheless, from May 8, 2017 to July 16, 2018, the Defendant prepared and sold alcoholic beverages under the name of “D” from the first floor of the Guro-gu Seoul Building to the name of “D” without obtaining permission from the head of the Gu, and operated an entertainment shop business, such as having workers engaged in entertainment and having customers sing and dance.
2. Computer and other fraudulent means;
A. At around 00:50 on June 7, 2018, the Defendant, at the main point of “D” as indicated in the foregoing paragraph 1, released KRW 500,000 in cash from “G convenience store” located in Guro-gu Seoul, to 0:56 on the same day, and then released KRW 1,005,200 in total on four occasions after inserting the credit card from “D” to “G convenience store” to 01:00,000.
B. At around 01:20 on June 7, 2018, the Defendant continued to withdraw KRW 100,000 in cash from around 01:24 to 01:25 on the same day, the Defendant continued to withdraw KRW 502,600 in cash from around 01:24 to around 01:25 of the same day, which was delegated to the Defendant to receive the said credit card from the said E at the main point of “D” as indicated in the foregoing paragraph (1).
As a result, the defendant entered information into a computer or any other information processing device without authority and made it processed, and thus, the defendant is equivalent to KRW 907,800, which is a part exceeding the delegated amount.