관광진흥법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of five million won.
The defendant does not pay the above fine.
1. Summary of grounds for appeal;
A. In fact, the Defendant merely leased the site of the camping site in this case and did not conduct a camping site.
B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
In the trial court, the prosecutor changed the facts charged as stated in the facts constituting the crime, and applied for the amendment of the indictment with the content that "Article 30 of the Criminal Act" is added to the applicable provisions of the Act, and since this court changed the subject of the trial with permission, the judgment of the court below is no longer maintained.
However, there is a ground for ex officio reversal, but the defendant's assertion of mistake is still subject to the judgment of this court, and this is examined.
3. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the first instance court as to the assertion of mistake of facts, the fact that the Defendant, in collusion with the lessee E, operates a camping ground business without registration can be acknowledged.
Therefore, the defendant's assertion of mistake is without merit.
The Defendant led to the confession of the fact that he operated the camping site of this case at an investigative agency and the lower court, and only requested formal trial to the effect that “the permission is delayed due to administrative problems, and the fine is too much.”
The Defendant argued to the effect that “The site of the camping site was leased to E, and the Defendant cannot pay a fine, as more than the profits he obtained,” was argued to the effect that “The site of the camping site was leased to E.
B. From November 2014, the Defendant leased the instant camping site to E. The Defendant had been sentenced to a fine for an act of operating a camping site business without registration at the same place as the instant case on June 8, 2016 and October 12, 2016, and the Defendant’s justification at the trial.