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(영문) 서울중앙지방법원 2016.06.14 2015고정411
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who operates food entertainment business (general restaurant) under the trade name of "D," from Gangnam-gu Seoul Metropolitan Government C3.

A food entertainment business operator shall not install any business facility other than the business permitted or reported.

Nevertheless, the Defendant, at around November 28, 2014, installed about 146.65 square meters in the above place, 4 studio, 6.65 square meters, installed six buds, and provided cards and chips per hour from customers who found there, and provided them with 3,000 won per hour. The Defendant operated a general restaurant in such a manner as providing them with three thousand won per hour, and allowing the said customers to “three chips”, etc.

As a result, the Defendant violated the obligation of the business operator by operating a one-time ‘brid car page' after installing business facilities other than those permitted or reported in a general restaurant.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Application of the business report certificate, enforcement photographic Acts and subordinate statutes;

1. Article 97 of the relevant Act and Articles 97 subparagraph 6 and 44 (1) of the Food Sanitation Act concerning facts constituting a crime which are subject to the option of punishment.

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The Defendant is a person who runs food entertainment business in the name of “D” on the third floor of Gangnam-gu Seoul Metropolitan Government C in Gangnam-gu.

A food entertainment business operator shall prevent gambling, other speculative acts, or disturbance of public morals in his/her place of business.

Nevertheless, the Defendant: (a) around November 28, 2014, around 21:30, up to 146.65 square meters at the above place, installed 4 studs and 6 studs, and provided 3,000 won per hour from five customers in a name-free name, who found the place, with a fee of 3,00 won per hour; (b) provided a card and chips; and (c) provided the said customers with a speculative act called “three - --------------related -----------related -------------

2. Article 44(1) of the Food Sanitation Act, which is determined.

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