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(영문) 서울중앙지방법원 2014.10.10 2014고정1974
식품위생법위반등
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

1. Defendant A in violation of the Food Sanitation Act served as the head of the above entertainment drinking house that manages employees of the said entertainment drinking house in the 2 and 3th floor of the building located in Gangnam-gu Seoul, Seoul, and D’s mutual entertainment drinking club in D. E is the head of the said entertainment drinking club. The president of the said entertainment drinking club is the head of the said entertainment drinking club. The F works as the vice president of the said entertainment drinking club as an investor of E, who is the president of the said entertainment drinking club.

Any person who has obtained permission for an entertainment tavern business shall obtain permission from the head of the competent Gu when he/she intends to change his/her place

The defendant, in collusion with F and E, obtained permission for the business of entertainment tavern for only 2 and 3 floors of buildings located in Gangnam-gu Seoul Metropolitan Government B, in collusion with each other, from June 27, 2012 to the same year.

7.6. Until June, the location of the place of business was changed by using the first floor of the building, which is not the location of the permitted place of business without permission from the head of Gangnam-gu, as the kitchen for cooking alcoholic beverages ordered by customers of the above entertainment shop.

2. A criminal victim (the fact of the exclusive charge) was found to have committed a crime of violating the Food Sanitation Act that constitutes a fine or heavier punishment because he/she was the actual operator of the above entertainment drinking club, and on July 3, 2012, he/she requested F to make a false statement from the second floor C entertainment tavern in the building located in Gangnam-gu Seoul, Seoul at night, to the defendant as the actual owner of the business. A police station around the above time, the defendant stated in the above entertainment drinking club that "the defendant was placed on the third floor as the actual owner of the business." The defendant stated in the above entertainment drinking club that "It is difficult to know whether the defendant was placed on the third floor is actually the actual owner of the business, and that it is not possible to ask him/her to make a false statement."

【Criminal Facts】

The defendant is the actual owner of the second floor C entertainment bars of the building located in Gangnam-gu Seoul Metropolitan Government.

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