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(영문) 서울남부지방법원 2016.04.21 2015고정2617
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

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

While the Defendant was operating a danran bar with the trade name "C" on the Gangseo-gu Seoul Metropolitan Government B and the second floor, on June 12, 2014, the Defendant was subject to revocation of permission to conduct a danran bar business on the grounds that the head of the competent Gu violated the relevant laws and regulations three times, including "employment of juvenile entertainment reception workers".

Nevertheless, on August 2, 2015, the Defendant did not obtain permission to engage in a danran business, and sold three customers at the 'C' 'C' entertainment bar for about 07:00 on August 2, 2015 to 1.80,000 to 3 customers and run a dan bar business.

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

Nevertheless, the Defendant received a demand from the customers to give a chance at the same time and place as in the preceding paragraph, and received 30,000 won per hour from the customers, and arranged three of them to provide entertainment services by drinking and singing together with the customers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect against D, E, or F;

1. Field control photographs;

1. Application of Acts and subordinate statutes on a written judgment attached to an investigation report (Attachment of written judgment);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 94(1)3, 37(1) (unauthorized occupation of business, choice of fines) of the Food Sanitation Act, Article 98 Subparag. 1 and 44(3) of the Food Sanitation Act (the occupation of arranging entertainment entertainment and the choice of fines);

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

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