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(영문) 의정부지방법원 2019.01.24 2018고정1381

관광진흥법위반

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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 camping site in the name of "C" in two weeks B.

A person who intends to operate a camping business shall register with the Governor of a Special Self-Governing Province or the head of the competent Si/Gun/Gu.

Nevertheless, from June 2018 to July 17:10, 2018, the Defendant installed a facility to provide camping accommodation, such as swimming pool, shower box, toilet, store, etc., in the above camping zone, and provided a place to unspecified customers who find the place with a view to receiving KRW 40,000 from 40 to 17:10, and provided a place for camping without registration.

Summary of Evidence

1. Defendant's legal statement;

1. The accusation book, a business photograph, a written confirmation of violation of writing, each investigation report (Attachment of Internet search result, attachment of case records prior to the Tourism Promotion Act, attachment of records prior to the two viewing questions, and a business registration certificate;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Article 83 (2) and Article 4 (1) of the Tourism Promotion Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, the defendant recognized the criminal facts of this case and reflects his mistake, and the fact that the camping site business of this case appears to be suspended, etc. are recognized as favorable to the defendant.

However, in light of the contents and methods of the crime, etc., the crime of this case where the defendant conducted camping business without registration is not less than the nature of the crime in light of the contents and methods of the crime, the crime of this case has the records of having been punished several times due to the same kind of crime, etc., balance with the general sentencing of the same and similar cases, and other circumstances, such as the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal record relation, family relation, economic circumstances, etc., as stated in the argument of this case, are comprehensively taken into account.