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(영문) 대전지방법원 2015.03.26 2014고정2098
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant operates a "E" dan in Sejong Special Self-Governing City D.

No entertainment business operator shall employ entertainment workers to have them provide entertainment services, or encourage or impliedly encourage his/her employees to do such acts.

However, around 22:00 on August 21, 2014, the Defendant employed F and G, which is an entertainment entertainment entertainment entertainment business entity, provided 30,000 won per hour, and had male customers drink alcoholic beverages with singing, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of suspect examination of G police officers;

1. Application of Acts and subordinate statutes to police interrogation protocol regarding F (2 times);

1. Relevant Article of the Acts and subordinate statutes concerning facts constituting an offense, and Articles 97 subparagraph 6 and 44 (1) of the Food Sanitation Act which choose a penalty;

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

1. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that the Defendant did not employ F and G but only mediated.

However, according to the evidence of the judgment, the following facts can be acknowledged: F and G engaged in entertainment entertainment at “E” 3 times each time during a month from July, 2014 to the date of criminal facts; G was engaged in entertainment entertainment at “E”; G was engaged in entertainment at the “E” dan on the day after the day when the person’s body is good or the day after the body is good; F and G received remuneration of KRW 30,000 per hour from the Defendant. In full view of this, the Defendant can be deemed to have employed F and G.

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