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(영문) 전주지방법원 2019.09.26 2019고정281

체육시설의설치ㆍ이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates a sports facility business under the trade name of "C" golf driving range in Jeonbuk Kim Jong-si.

1. A person who intends to operate a sports facility business requiring no report shall report to the head of the relevant Si/Gun, as prescribed by Ordinance of the Ministry of Culture

Nevertheless, around February 27, 2019, the Defendant established a golf practice range of 8 10,000 won per capita and 300,000 won per day for many unspecified customers without reporting to the head of the NA in the previous Kim Jong-si, Kim Jong-si (E, F, G, and H) adjacent to the above golf practice range, and operated a golf practice range by allowing many unspecified customers to practice the golf practice.

2. Any sports facility business operator who violates an order of closure of business shall not operate the sports facility business despite such order of closure or suspension;

Nevertheless, on March 27, 2019, the Defendant suspended the business from the 28th to the 30th day of the same month at the place under the above “A” on March 27, 2019, and was ordered to close the illegal golf practice range thereafter, the Defendant operated the sports facility business on April 1, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. A written accusation;

1. Copies of warning dispositions and business suspension orders related to the operation of illegal driving ranges in areas other than reported areas;

1. A copy of a disposition of business suspension related to the operation of illegal golf business or a regional business suspension order outside the report;

1. A copy of a report on processing illegal business in an area not reported for sports facility business;

1. Location map and on-site photographs;

1. Copy of a report certificate on sports facility business;

1. Additional data related to filing a complaint for a C golf practice range;

1. Application of Acts and subordinate statutes to investigation reports (related to the average customer and user fees a day of golf driving range);

1. Article 38 (2) 1 and Article 20 (1) of the Installation and Utilization of Sports Facilities Act concerning facts constituting an offense, and Articles 38 (2) 3 and 32 of the Installation and Utilization of Sports Facilities Act (the point of business of a sports facility business without reporting).