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(영문) 서울남부지방법원 2016.06.28 2016고정573

체육시설의설치ㆍ이용에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

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 so-called “B” or a head of a physical training center.

Any person who intends to operate a sports facility business shall file a report with the head of a Si/Gun/Gu with the Special Self-Governing Province branch office, as prescribed by Ordinance of the Ministry of Culture and Tourism.

Nevertheless, between September 4, 2015 and September 10, 2015, the Defendant operated a sports facility business, such as inviting members, without reporting to the competent authority, from D’s “D” located on the first floor of Gangseo-gu Seoul Metropolitan Government C underground, and receiving 2-50,000 won per month for many and unspecified persons without reporting to the competent authority.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written confirmation (Preparation on August 11, 2015), public relations leaflets, and photographs;

1. Application of Acts and subordinate statutes to a report on investigation ( telephone call and fact-finding);

1. Article 38 (2) 1 and 20 of the Installation and Utilization of Sports Facilities Act and Article 38 of the Installation and Utilization of Sports Facilities Act concerning facts constituting an offense, and 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;