Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The Defendant is a person who is engaged in the production of music video products in the name of “C” from around 45 square meters on the first floor of the building that is located in B at a leisure time.

Any person who intends to run a dan business shall obtain permission from the competent authority.

Nevertheless, at around November 22, 2019, the Defendant did not obtain permission from the leisure market, and around November 22, 2019, the Defendant installed four rooms and singing machines at the said business establishment, sold three bars to D, who had been customers, for 12,00 won, and run a singing bar business.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs);

1. Article 94 (1) 3 of the Food Sanitation Act and Articles 37 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was already in around 2018, charged with the violation of the Food Sanitation Act in the form of an unauthorized danran tavern business, which is identical to the instant case, and was put on summary charge. Around the day of summary indictment, the Defendant was under the same type of violation of the Food Sanitation Act, and the Defendant was sentenced to a fine of KRW 1,00,000 on May 2, 2019 due to such a violation of the Food Sanitation Act.

Nevertheless, it is an unfavorable sentencing factor that the defendant again reached the crime of this case at the time when 6 months remain in prison.

However, considering the fact that the defendant is recognized as committing the crime of this case, the size of the business place operated by the defendant, the business period, the economic benefits acquired by the defendant, the fact that the defendant currently has retired from his business without permission and is fully engaged in another business, and the sentencing case in a similar case, it is determined that the amount of 5,00,000 won is somewhat excessive, and thus, it is partly reduced to the defendant as ordered.