(a) Any person who intends to conduct public sanitary business in violation of the Public Health Control Act shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry for Health and Welfare for each type of public sanitary business and shall report it to the head of a Si/Gun

Nevertheless, the Defendant, without reporting to the competent authority from April 26, 201 to July 22, 2017, provided one, four, four, and four, and four, toilets from the above “C-pention” and provided facilities and equipment, such as bedclothes, cooking facilities, and daily necessities, so that many and unspecified persons who have paid membership fees can sleep and stay therein, by receiving KRW 100,000,000,000,000, and annual fees.

(b) No person who conducts public morals business in violation of the Regulation of Customs Business Act and persons engaged in such business as prescribed by the Presidential Decree shall have any person conduct obscene acts, or mediate or provide such acts in a place where public morals business is conducted;

Nevertheless, the Defendant, while running a lodging business without reporting at the date, time, and place specified in Paragraph 1, created and posted promotional videos with pictures taken by setting up sexual side images. In the case of women, the Defendant recruited a large number of unspecified men and women as members and allowed them to lodging in the above place by allowing them to do so along with accommodation at the above place, regardless of gender, and allowed them to do so by exposing all sexual organ regardless of gender.

Accordingly, the defendant had obscenity in a place where public morals business is conducted.

2. Defendant and his defense counsel’s assertion

A. The Defendant, as indicated in the facts charged, is equipped with bedclothes and cooking facilities so that members who join the gathering of D’s “D” in the building located in the Jeju-si B (hereinafter “instant building”) can receive KRW 100,000 for membership fees and KRW 240,000 for membership fees, and those who paid membership fees can sleep and stay therein.