Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to run a dan business shall obtain permission from the competent authority, as prescribed by Presidential Decree.

From February 3, 2018 to April 4, 2018, the Defendant, who operated a general restaurant with the trade name “D” on the first floor in Gwangjin-gu Seoul Special Metropolitan City, operated a public restaurant in the above “D”, and operated a public entertainment bar business by installing a string machine and stage in a space of 30 square meters without obtaining permission from the competent administrative agency, and allowing customers to sing and dance with music.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of report on generation (violation of the Food Sanitation Act) and a certificate of business report;

1. Application of statutes on site photographs;

1. Article 94 (1) 3 and Article 37 (1) of the Food Sanitation Act concerning facts constituting an offense, and Articles 94 (1) 3 and 37 of the same Act concerning selective punishment, and selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A favorable circumstance in which the Defendant was punished by a fine of two million won on February 2, 2018 for a violation of the same kind of Food Sanitation Act as well as the Defendant was punished by a fine of two million won on the same kind of crime: The Defendant’s business size is not relatively small; the Defendant’s business size is also less than two months; the Defendant’s business period is found guilty is also two months; and the Defendant’s disposition of the restaurant of this case.

In full view of the above circumstances, the sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, and circumstances after the crime, the punishment as ordered shall be determined.