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(영문) 서울북부지방법원 2015.07.01 2015고정1259

공중위생관리법위반

Text

Defendant

A A shall be punished by a fine of KRW 1.5 million, and Defendant B shall be punished by a fine of KRW 1.5 million.

Defendant

A above.

Reasons

Punishment of the crime

1. Defendant A is the representative of “B” in Dongdaemun-gu Seoul Metropolitan Government.

Although a person who intends to run a public health business has facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of the public health business and reports it to the head of the competent authority, the defendant, without filing a business report with the head of Dongdaemun-gu, has 30 guest rooms with the trade name of "stock company B" from April 1, 2014 to March 13, 2015, and has 40 million won monthly average monthly income for many unspecified customers who find out the place after installing convenience facilities, such as beds, in Seoul Dongdaemun-gu, and providing them with guest rooms.

2. The Defendant B’s internal director, the Defendant Company, carried on the public health business without reporting to the competent authorities in the above date, time, and place in relation to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. All the registered matters of the corporation;

1. Six copies of Internet output (D), related photographs;

1. Application of a copy of the written consent to the hotel (E), the status of accommodation persons, field control photographs, and statutes on accommodation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 20(1)1 of the Public Health Control Act and the former part of Article 3(1)1 of the same Act and the selection of fines;

(b) Defendant B: Articles 21 and 20 (1) 1 and the former part of Article 3 (1) of the Public Health Control Act;

1. Defendant A at 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