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(영문) 광주지방법원 2017.09.06 2017고정952
식품위생법위반등
Text

The sentence against the accused shall be determined by a fine of one million won.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in general food entertainment business with the trade name "D" from Gwangju Northern-gu C building and the first floor.

A food entertainment business operator shall prevent gambling, other speculative acts, or disturbance of public morals in his/her place of business.

However, on November 2016, the Defendant: (a) installed seven chip for a casino gambling game in the first place; (b) from then on February 21, 2017, the Defendant offered 10,000 chip to a large number of unspecified customers who found their location from around February 21, 2017; (c) received a separate admission fee (20,000 won per male, 15,000 won per week, and provided chip to customers with 10,000 won, and provided them with chip to use the chip, and (d) provided them with a casino with a place for gambling, such as chip, chip, employees of the said place of business, and chip, and (e) provided them with a casino for gambling and gambling, and (e) provided them with a casino for profit-making purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of field enforcement photographs);

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 6 of Article 97, Article 44(1) Subparagraph 8 of the Food Sanitation Act (referring to the violation of matters to be observed by business operators, including the violation of such matters to be observed by business operators), Article 247 of the Criminal Act (referring to the opening of gambling, including the opening of gambling), and selection of each fine;

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

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Gambling as referred to in Article 246 of the Criminal Act and the crime of gambling as referred to in Article 247 of the same Act refers to having participants decide on the acquisition or loss of property in kind by chance. Here, “property” refers to the acquisition or loss of property in kind depending on chance, such as the inheritance or loss of game.

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