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(영문) 대구지방법원 상주지원 2014.10.28 2014고정167
위증등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The business operator or an employee of a food service business operator violating the Food Sanitation Act shall not receive money and valuables in return for temporary requirements beyond his/her place of business, or shall not encourage or impliedly encourage such acts of employees;

Nevertheless, on June 14, 2013, the Defendant received KRW 100,00 from E in return for drinking alcohol together with E in return for drinking alcohol from D located in a permanent place of business outside of the Bda, a place of business where the Defendant worked as an employee, from around 20:20 to 0:00 on June 15, 2013.

Accordingly, the defendant received money and valuables in return for temporary demand beyond the business place.

2. At around 14:00 on May 27, 2014, the Defendant testified to the effect that “F, in the course of police investigation, was aware of the fact that he/she would drink with his/her multi-party customers, was aware of the fact that he/she would drink with his/her multi-party customers, and that he/she would not receive money from his/her multi-party customers for the purpose of time hours, and is aware that there was no fact.”

However, the above F knew that the Defendant would drink and drink multiple customers, such as Paragraph 1, and the Defendant received KRW 100,000 as stated in Paragraph 1 in return for time demand.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of examination of witness;

1. A suspect interrogation protocol of the police officer;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article applicable to the crime, Article 97 subparagraph 6 of the Food Sanitation Act, Article 44 (1) of the Act on the Selection of Punishment, Article 152 (1) of the Criminal Act, Article 152 (1) of the Criminal Act, and the selection of fines, respectively;

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

1. The Criminal Act for the detention of a workhouse;

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