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(영문) 서울중앙지방법원 2016.10.19 2016고정2223

관광진흥법위반

Text

Defendant

A A shall be punished by a fine of KRW 7 million, by a fine of KRW 3 million, by a fine of KRW 5 million, respectively.

Defendant .

Reasons

Punishment of the crime

H is a corporation established for the purpose of the management and sale of condominiums from July 2015 to September 2015 by (State) I’s affairs, Defendant C’s representative director, Defendant A’s representative director, Defendant B’s representative director, and Defendant B’s representative director.

1. A person who intends to run a tourist accommodation business for joint principal offenders by Defendant A and Defendant C shall register with the authorities;

Nevertheless, around June 2014, the Defendants and H concluded an entrustment contract with (i) the (ii) to operate 104 out of 157 guest rooms of the K Li Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri Tri-ri, which was held by (iii) the Defendants and H, but (iv) the said contract was concluded to run a tourist accommodation business using some guest rooms of the above Lri Tri Tri Tri T without being registered with the competent authority after the registration of tourist accommodation business was delayed.

Accordingly, Defendant A, around September 23, 2014, entrusted the operation of the said club to Defendant C (State operated by Defendant C) and received KRW 20 million per month as the fee for entrusted operation. Defendant C is entrusted to H with the actual operation of the said club; H from July 23, 2015 to October 24, 2015, from July 23, 2015 to October 24, 2015, Defendant A provided multiple unspecified customers who purchased accommodation rights through “L,” etc., an Internet lodging service provider, using the said club, to provide guest rooms and received usage fees of KRW 80,000 to KRW 120,00 per guest.

As such, the Defendants conspired with H to violate the above restriction provision.

2. The Defendant A, the representative of the Defendant from July 2015 to October 2015, committed the same offense as the preceding paragraph in relation to the Defendant’s business.

Summary of Evidence

1. Defendants’ respective legal statements

1. Data on the reservation website of the Kriart;

1. A contract for entrusted operation;

1. The police suspect interrogation protocol of H;

1. Application of Acts and subordinate statutes to notification of cases involving tourist accommodation business and transportation without registration;

1. Article applicable to the facts constituting a crime and the defendant A and C who choose a sentence: