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(영문) 서울북부지방법원 2014.12.09 2014고정1510
식품위생법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Any person who mainly prepares and sells alcoholic beverages, and employs workers engaged in entertainment or establishes entertainment facilities, and intends to engage in entertainment bar business in which customers are allowed to sing or dance, shall obtain permission from the competent administrative agency.

Nevertheless, at around 03:00 on October 12, 2013, the Defendant run a general restaurant business with the trade name “C” on the first floor B underground of Gangnam-gu Seoul Metropolitan Government, and operated an entertainment drinking club business without permission by installing special lighting, radar lighting, festivals, strawers, etc. at that place and providing them to many and unspecified customers who find the place.

Summary of Evidence

1. A letter of each employee in D, E, or F preparation;

1. Voluntary report;

1. Application of statutes on site photographs;

1. Article 94 Subparag. 3 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); Article 97 Subparag. 3 of the Act on Indictment and Article 37(1) of the same Act on the Preparation of Indictment seems to be a clerical error.

Selection of Fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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