Defendant shall be punished by a fine of three million won.

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

Punishment of the crime

The Defendant is a person who operates a general restaurant with the trade name of “D” on the Seocho-gu Seoul Metropolitan Government building C and the 8th floor.

A food entertainment business operator shall prevent gambling or other speculative acts in his/her place of business, and shall not encourage or impliedly encourage such acts by his/her employees.

Nevertheless, from December 2, 2016 to February 22:30, 2017, the Defendant: (a) provided multiple customers with 10,00 won of admission fees and chip and 10,000 won of chip per 10,000; and (b) provided customers with a game of about 59:00 to December 21, 2017, such as a black chip and chip by exchanging chip as alcoholic beverages from a game to gambling or other acts; and (c) instigated them to violate the rules of practice.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E, F, G, and H;

1. The application of Acts and subordinate statutes for reporting internal investigation reports and investigation reports;

1. Relevant Article of the relevant Act on criminal facts and subparagraph 6 of Article 97 of the Food Sanitation Act, and Article 44 (1) 8 (Selection of Penalty Surcharge) of the same Act on the selective criminal facts;

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

1. Determination on a motion for adjudication on the unconstitutionality of Article 334(1) of the Criminal Procedure Act

1. Article 44(1)8 of the Food Sanitation Act (hereinafter “the instant provision”), which is a legal provision that applies to the application of this case, provides that “The matters prescribed by Ordinance of the Prime Minister shall be observed for the management of other raw materials for business, manufacturing process and sanitary management and the maintenance of order, and the promotion of public health and sanitation,” and delegates all the matters to be observed by the offender to subordinate statutes.

However, the concept of "health management and maintenance of order," and "promotion of public health" is very abstract and comprehensive, and business operators shall comply with such concept.