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(영문) 춘천지방법원 속초지원 2016.11.02 2016고정89
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 run an entertainment bar business without permission shall obtain business permission from the competent authority;

Nevertheless, the Defendant reported and operated a general restaurant business in the name of “C” on the first floor B of Gangwon-si, and operated the general restaurant business from June 1, 2015 to February 29, 2016, and installed two automatic reflectrs, two video devices for caption caption, and two microphones, etc. to allow customers to sings using the aforementioned reflectrs, and sold alcohol and alcohol, etc., thereby running a dysing bar business.

Accordingly, the defendant was engaged in the dan business without obtaining business permission.

2. No person shall drink alcoholic beverages with customers, provide entertainment services to customers by singing or dancing, or arrange such activities at a place where food service business is rendered for the purpose of making profits;

Nevertheless, around 20:40 on February 29, 2016, the Defendant: (a) promised to give entertainment loans from D, a customer who visited the said place within the said general restaurant; (b) promised to give 30,000 won per hour to E; and (c) assisted the customer by drinking alcohol with the customer, singing or dancing.

Accordingly, the defendant did not observe the rules of food service business operators.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the control of public morals;

1. Each report on internal investigation:

1. Application of related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 94 (1) 3, 37 (1) of the Food Sanitation Act (in the case of danran tavern business without permission), Articles 98 subparagraph 1, 44 (3) of the Food Sanitation Act (in the case of arranging entertainment activities), and selection of fines;

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

1. Articles 70 (1) 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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