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(영문) 의정부지방법원 2020.04.09 2019고정1722
식품위생법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who operates a water-related leisure business with the trade name of “B” and operates an entertainment drinking house (one life C) in a water-related leisure business.

A person who intends to run such an entertainment tavern business shall obtain permission from the Commissioner of the Korea Food and Drug Safety Agency or the head of Si/Gun/Gu for each type of business or place of business, as prescribed by Presidential Decree

Nevertheless, at around 22:00 on July 20, 2019, the Defendant, without permission for entertainment tavern, installed a swimming pool, guest seat, stage, sound facilities, lighting equipment, etc. in a 'B' water-related leisure business (hereinafter referred to as "B"), and sold alcoholic beverages to 30-400,000 won by having the visiting customer receive an admission ticket of 30,000 won from the visiting customer and bring him/her to the customer in the BAR (place where alcoholic beverages are sold) located in the business place, and by using special lighting such as music and large-scale LED, the Defendant engaged in an entertainment drinking house business without permission, for which the average amount of 9 million won per day was applied, by taking advantage of the above methods, such as raising the entertainment of the guest.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection;

1. On-site photographs;

1. Application of Acts and subordinate statutes on the management ledger of business licenses;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act applicable to the relevant criminal facts, the selection of punishment, and the selection of fines;

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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