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(영문) 대구지방법원 2012.10.10 2012고정2702
식품위생법위반
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Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates the Bda bank in Yongcheon-si.

No food service business operator or employee shall receive money or valuables in return for temporary requirements beyond his/her place of business, or shall encourage or impliedly encourage employees to do such acts.

1. On October 05, 2012, the Defendant: (a) at the above BDac Group C points in Yongcheon-si, 19:00, the Defendant received KRW 20,000 per hour (the suspension of indictment on the same day) from the above BDac Group employee D on a part-time basis; and (b) carried on the business of an inner name discet such as drinking alcohol and drinking alcohol together with E, thereby violating the obligation of the Defendant’s employee as to the Defendant’s business.

2. On October 19, 2012, the Defendant: (a) around 19:00 on October 19, 2016, at the above BDac employee C (the same day of suspension of indictment) received KRW 20,000 per hour under the pretext of part-time hours; (b) the Defendant, an employee of the Defendant, carried on the cket business, such as drinking with E and drinking alcohol, thereby violating the Defendant’s obligation to comply with the Defendant’s business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of the accused, D, or F (including the E and G statements);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigation reports (the details of conversations E for reference);

1. Article 97 subparagraph 6 of the Food Sanitation Act and Article 44 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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