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(영문) 대전지방법원 2016.04.28 2016고정297
식품위생법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000, respectively.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is a business owner that operates a general restaurant under the trade name of "D" from the third floor of the building in Seo-gu Daejeon, Daejeon, and Defendant B is a business owner that substantially operates the 5th floor of the above building with no trade name between the general restaurant of the fourth floor and the general restaurant of the above building.

A person who intends to provide entertainment points shall obtain permission from the head of the Si/Gun/Gu having jurisdiction over the Special Self-Governing Province.

1. Defendant A, without obtaining permission from the head of the Seo-gu Daejeon District Office from August 2015 to October 31, 2015, operated an entertainment shop business without permission in the age club type, by using various special lighting equipment, such as lighting lines and radars, at the third floor of the above place of business where a general restaurant business license is granted, and by using sound equipment to provide customers with a string which allows dancing in the gambling room.

2. From September 2015 to October 31, 2015, Defendant B operated an unauthorized entertainment shop in the form of gym clubs from the fourth floor of the foregoing building, which was exclusively permitted to engage in general restaurant business, in the same manner as the foregoing paragraph (1), and Defendant B operated an unauthorized entertainment shop in the form of gym clubs on the fifth floor of the foregoing building without any business permission from September 2015 to October 31, 2015, in the same manner as the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on internal investigation:

1. A certificate of business report;

1. Application of the statutes requesting cooperation in investigation;

1. Relevant legal provisions and the Defendants’ choice of punishment for criminal facts: Articles 94(1)3 and 37(1) (excluding punishment) of the Food Sanitation Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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