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

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

Punishment of the crime

1. Any person who violates the Food Sanitation Act is a business of cooking and selling mainly alcoholic beverages and in which customers are allowed to sing, he/she shall obtain permission from the head of the competent Gu;

On September 4, 2017, around 18:30, the Defendant: (a) mainly sold bottles and sheep at a business establishment with D’s trade name located on the first floor underground of the Seocho-gu Seoul Building (hereinafter “instant business establishment”); and (b) installed a singing voice sound device in the instant business establishment and allowed customers to sing.

However, the business of this case was reported as a general restaurant.

Accordingly, the defendant did not obtain permission from the Gu office of Seocho-gu, which is the jurisdiction of the defendant, and run a danran business.

2. No person who violates the Educational Environment Protection Act shall engage in running a dan business in an educational environment protection zone to protect the health, sanitation, safety, learning, and educational environment of students;

Defendant 1 did not obtain permission from the Seocho-gu Office at the time and place specified in the above Paragraph 1, and operated a singran business.

However, the instant establishment was within 200 meters from E University to the educational environment protection zone around the school.

In this respect, entertainment business was conducted in educational environment protection area.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidentiary photographs;

1. Guidance;

1. Application of Acts and subordinate statutes governing the business report;

1. Article 94(1)3 and Article 37(1) of the Food Sanitation Act concerning criminal facts; Article 16(1) and Article 9 subparag. 26 of the Educational Environment Protection Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Food Sanitation Act of which punishment is heavier);

1. Selection of an alternative fine for punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.