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(영문) 서울동부지방법원 2016.05.12 2016고단686
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who has reported a general restaurant business in the name of “C” on the first floor in Gwangjin-gu Seoul Special Metropolitan City B.

1. A person who intends to operate an entertainment shop business without permission shall obtain a business license from the head of the competent Gu;

Nevertheless, from around 00:00 on January 6, 2016 to around 04:00 on the same day, the Defendant: (a) from around 00:00 to around 04:00 on the same day, the Defendant: (b) installed a table 7 tables and singing cycle in the area of about 35 square meters in C; (c) employed D as an entertainment worker; and (d) caused them to enter into two tables, such as E, which are customers, and (e) made them look at and sell alcoholic beverages and liquors, by making them drink and sell amusement.

2. No one shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange other persons to provide entertainment services at a place where food entertainment business is conducted for profit;

Nevertheless, the Defendant sold alcoholic beverages and liquors to the above E, etc. at the date and time, place, etc. mentioned in paragraph (1), and received a demand from the above E, etc. to give an advice, and assisted the said D to drink with the above E, etc. to provide an entertainment for customers by having the said E, etc. provide an entertainment service.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. Each statement of E and F;

1. A certificate of business report;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 94(1)3 of the Food Sanitation Act, Article 37(1) (a) of the same Act (a) of the same Act, Article 98 Subparag. 1 and Article 44(3) of the Food Sanitation Act (a) of the same Act, Articles 98 Subparag. 1 and 44(2) of the same Act, the selection of fines for negligence;

1. The punishment imposed on a violation of the Food Sanitation Act due to the business of providing more heavy amusement points and the aggravated punishment under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (the punishment shall be aggravated).

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