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Defendant
A shall be punished by a fine of KRW 10,000,00 and by a fine of KRW 5,00,000, respectively.
The above fine is imposed against the Defendants.
Reasons
Punishment of the crime
1. Violation of the Tourism Promotion Act and the Defendants of gambling opened a general restaurant with the trade name “F” located on the third floor of the building of the Busan Suwon-gu, Busan, from May 2009 to June 30, 201. The Defendants, without obtaining permission from the Minister of Culture, Sports and Tourism, employed employees, such as table 7, casino chips, and lap cards, and replaced them with casino chips by receiving cash from customers, and granted them with a single-name “Texum”, which is the type of a modified game using the soft card, and paid to customers with the participation fee received from customers, etc. in the said game.
As a result, the Defendants conspired to operate the casino business without obtaining permission from the Minister of Culture, Sports and Tourism and opened gambling for profit.
2. A food service business operator who violates the Food Sanitation Act shall prevent gambling or other speculative acts in his/her business establishments, and shall not encourage or impliedly encourage employees to do such acts while doing business;
Nevertheless, the Defendants, who actually operated the above restaurant, employed sea-durrs as set forth in Paragraph (1) and opened gambling for the purpose of operating the casino business against customers and making profits.
Summary of Evidence
1. Defendants’ partial statement
1. Legal statement of witness G;
1. Statements made by witnesses H and I in the third protocol of the trial;
1. Application of the Acts and subordinate statutes governing the statement made by the witness J in the fourth protocol of trial;
1. The Defendants of the pertinent law on criminal facts: Articles 81 subparag. 1 and 5(1) of the Tourism Promotion Act, Article 30 of the Criminal Act, Articles 247 and 30 of the Criminal Act, Article 97 subparag. 6 and 44(1) of the Food Sanitation Act, Article 30 of the Criminal Act
1. Commercial concurrent defendants; violation of the Tourism Promotion Act Article 40 and Article 50 of the Criminal Act.