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(영문) 서울북부지방법원 2016.03.22 2015고정2156
공중위생관리법위반등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant of "2015 High 2156" is a person who conducts a bath business in mutual name on the first floor of the Dongdaemun-gu Seoul Metropolitan Government building C.

A person who intends to conduct a public sanitary business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report it to the competent authority.

Nevertheless, the Defendant, without filing a business report with the competent authority from March 7, 2015 to July 6, 2015, carried out a public bath business with an average of KRW 25 million per month by receiving KRW 6,000 per week for many unspecified people who have taken a bath with facilities, such as sugar, sugar, and franchisium, at a place of business with approximately 990 square meters of the said location, from March 7, 2015 to July 6, 2015.

A person who intends to operate a restaurant business of 2016 fixed-scale 244 shall be equipped with legitimate facilities, etc. pursuant to the provisions of the Food Sanitation Act and file a business report with the competent Gu office.

Nevertheless, the Defendant did not report to the competent authority from January 28, 2015 to October 22, 2015, and, if he was equipped with cooking facilities such as gas dust and cooling, etc. on a size of approximately 9m20,00 square meters per day against customers, the Defendant operated a rest restaurant by cooking and selling rice liquor stations, etc.

Summary of Evidence

"2015 High 2156"

1. The defendant's legal statement (as at the fifth public trial date);

1. E statements;

1. Written charge and written confirmation;

1. On-site photographs 2016, 30 Gaz. 244;

1. Statement by the defendant in court;

1. A public official's statement;

1. A written accusation and a certificate of business operation without permission;

1. Application of Acts and subordinate statutes to field photographs of violating establishments;

1. Article 20 (1) 1 of the relevant Act and Article 20 (1) 1 of the Public Health Control Act, Article 3 (1) of the Public Health Control Act (the point of running a non-reported public sanitary business), Article 97 subparagraph 1 of the Food Sanitation Act, Article 37 (4) (the point of running a non-reported restaurant business) of the Food Sanitation Act, and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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