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(영문) 부산지방법원 2016.06.29 2016고정1470
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who runs a singran business with the trade name "C" in Ping-gu Busan.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such activities to provide entertainment to other persons at a place where food entertainment business is conducted for profit.

1. On November 24, 2015, around 22:00, the Defendant violated the code of practice of business operators, etc. by allowing a business operator, etc. to have the Defendant-friendly and one other than D, who entered into a customer, to sit together with the Defendant-friendly and one other, and drink E, or to provide entertainment to customers.

2. On November 25, 2015, around 01:00, the Defendant violated the code of practice of business operators, etc. by allowing D, who entered a customer, to sit together with the employee F who works at the above main points, to drink alcoholic beverages, or to provide entertainment to customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of D;

1. Application of Acts and subordinate statutes governing the detection and report of business places in violation of the Act, a copy of business license, and the handling of reported cases;

1. Article 98 of the relevant Act and Articles 98 subparagraph 1 and 44 (3) of the Food Sanitation Act concerning facts constituting an offense, and Article 44 of the same Act concerning selective punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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