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(영문) 서울동부지방법원 2020.01.14 2019고정556
식품위생법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 1,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. Defendant A is a person who operates a dan with the trade name “D” on the first basement of Seongdong-gu Seoul Metropolitan Government.

No person shall drink alcoholic beverages with customers, provide entertainment services by singing or dancing, or arrange such acts to provide any third person at a place where food service business is operated for profit.

Nevertheless, on January 17, 2019, the Defendant hired B from around 22:20 to 22:50 on the same day, and arranged for a entertainment loan by having a male guest with whom his/her name cannot be known after having employed B at the same place.

2. No person who defendant B shall drink alcoholic beverages with customers at a place where food service business is operated for profit;

Nevertheless, the defendant, at the time and place specified in Paragraph 1, drinked with male customers who are unable to know their names, and provided entertainment to customers.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. A business license certificate;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment to a patrol note by a police officer entering and leaving the police station);

1. The Defendants: Article 98 Subparag. 1 of the Food Sanitation Act and Articles 44(3) of the same Act concerning criminal facts; the Defendants’ choice of a fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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