beta
(영문) 의정부지방법원 2017.07.13 2016고정2054

공중위생관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

Any person who intends to conduct public sanitary business, such as accommodation business, shall have the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare, and report it to the competent authority.

The Defendant: (a) had a person related to de facto marriage C register a business operator for D’ in the name of the Defendant; (b) had C operate a accommodation facility in the form of a dormitory; and (c) had C use the national bank account in the name of the Defendant when operating D’s “D.”

C From March 14, 2015 to December 21, 201 of the same year, with the trade name of “D”, a place where 340 square meters of business size is located in the area of 340 square meters from Nam-si without reporting to the competent authorities, and 19 guest rooms per guest room were equipped with bed, clothes, and bedclothess, and 10,00 won per guest room against many unspecified female customers, and 12,00 won for two guest rooms (6,000 won per person per guest) were provided with a monthly sales of approximately 3 million won.

Accordingly, the defendant, in collusion with C, did not report to the competent authorities, and did public health business.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness G's legal statement, and the witness C's statement among the five-time public trial records;

1. A copy of a written accusation, on-site photograph, business registration certificate, lease contract, report on the results of confirmation of previous records on disposition, and non-prosecution decision;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act and Article 20 of the same Act concerning criminal facts, the choice of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The defendant and his defense counsel in determining the issues of the main sentence of Article 186(1) of the Criminal Procedure Act with regard to the burden of litigation costs

C independently operated the instant simple group, and the Defendant was not involved in the operation of the instant simple group, and the Defendant conspired with C, as stated in the facts charged of the instant case, to report it to the competent authority.