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(영문) 춘천지방법원 강릉지원 2019.02.19 2018고단1167
식품위생법위반
Text

Defendant

A Imprisonment for three months, and Defendant B shall be punished by a fine of eight million won, respectively.

However, against Defendant A.

Reasons

Punishment of the crime

[Basic Facts] Defendant B Co., Ltd. is a corporation established for the purpose of hotel business, etc., and Defendant A is a person who comprehensively manages and supervises all hotel business as a general manager from the Yung-si C hotel.

【Criminal Facts】

1. A person who intends to run an entertainment drinking house business for defendant A shall obtain permission from the head of a Si/Gun/Gu, as prescribed by Presidential Decree;

Nevertheless, from July 28, 2018 to August 26, 2018, the Defendant installed a 16th outdoor swimming pool of the said “C hotel” without obtaining permission from the Gangnam branch market, and installed a dice, large spacker, special lighting, etc., and installed a sales stand for selling liquors, alcoholic beverages, etc. on the same floor “D” general restaurants and “E” general restaurants, and made so-called “sprinks” able customers to dance in music and drink alcohol.

Accordingly, the defendant was engaged in entertainment tavern business without obtaining permission.

2. Defendant B, who is an employee of the Defendant, committed the above act of violation at the time and place specified in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the police investigation of suspect with regard to F;

1. The management ledger for investigation reports (for permission for business), the management ledger for permission for food service business (report), the management ledger for permission for food service business (report);

1. Investigation report (C-related Gables), Gablegs (C-types), Gables (C-types), and photographs of Gables (C-types after the use of the C-types);

1. Investigation report (on-site photographs and video images), on-site photographs (on-site photographs of the 16th outdoor swimming pool), CDs (on-site photographs of the C hotel);

1. Investigation report (verification of the nominal owner of two business places);

1. Application of investigation reports (Attachment of documents related to the pooling of the 16th floor watch tower), and application of statutes related to the pooling business of the 16th floor watch tower (C hotel);

1. Article 94 (1) 3 of the Food Sanitation Act and Article 37 of the same Act concerning criminal facts and the defendant A who has selected punishment:

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