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(영문) 서울서부지방법원 2020.10.07 2020고단2061

공중위생관리법위반

Text

Defendant

A In four months of imprisonment, Defendant B is punished by a fine of KRW 2,00,000, and Defendant C is punished by a fine of KRW 7,000,00.

Reasons

Punishment of the crime

Defendant

A as an internal director of Defendant C, a company in charge of the lease management of the Mapo-gu Seoul Metropolitan Government D Officetel, the head of the office office of Defendant C, a foreign tourists, etc. who found the above officetel, received accommodation charges from Defendant C, and Defendant B served as a guidance for foreign tourists, etc. on guest rooms and passwords.

1. A person who intends to run a lodging business which is a public health business for the joint principal of the defendant A and the defendant B shall report to the competent authority;

Nevertheless, Defendant A and Defendant B conspired to file a report with the competent authority on June 18, 2018, and had approximately 50 guest rooms, including the instant officetel E units, with facilities and equipment, such as bedclothess, shower facilities, TV, etc., and operated accommodation business on a daily basis for a large number of unspecified foreign tourists, who find the said officetel through the “F”, etc. from around June 18, 2018 to December 18.

2. Defendant C Co., Ltd. committed the act of violation as described in paragraph (1) against Defendant A, the representative of the corporation.

Summary of Evidence

1. Investigation report of the Defendants’ written statements in their respective legal statements (Submission of the details of deposit of guest room fees in the Dtel) and internal investigation report (verification of whether the Defendants’ respective legal statements are reported at accommodation establishments);

1. Application of Acts and subordinate statutes to photographs of all certificates of registration of corporations;

1. Article applicable to criminal facts;

(a) Defendant A: Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act, Article 30 of the Criminal Act;

(b) Defendant B: Article 20(1)1 and Article 3(1) of the Public Health Control Act, Article 30 of the Criminal Act

(c) Defendant C: Articles 21, 20(1)1, and 3(1) of the Public Health Control Act

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A: Defendant A with reasons for sentencing under Article 62(1) of the Criminal Act.