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(영문) 서울중앙지방법원 2018.04.05 2018고단658

공중위생관리법위반

Text

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

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

Reasons

Punishment of the crime

Any person who intends to operate a lodging business which is a public sanitary business shall have the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and report it to the competent authorities.

Nevertheless, the Defendant, without reporting to the competent authority from November 25, 2016 to May 2, 2017, provided accommodation facilities and equipment, including bedclothess 805, 1406, and 1410, which were recruited through the Internet accommodation reservation site (e.g., Lbnb), and provided accommodation for approximately KRW 50,00 to KRW 60,00,000 from KRW 50,000 to KRW 60,00.

Summary of Evidence

1. Statement by the defendant in court;

1. The new bank transaction details: the new bank transaction records, the new bank transaction records, and the previous bank transaction records in the second execution letter;

1. Each investigation report (the confirmation of account details of a suspect, etc., and the application of statutes concerning A specific suspect A);

1. Selection of Article 20 (1) 1 and the former part of Article 3 (1) of the Public Health Control Act and the former part of Article 3 (1) of the same Act concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the number of guest rooms in the unreported accommodation operated by the defendant reaches three, and that the non-reported accommodation continued even if the defendant was punished by a fine for the same kind of crime.

On the other hand, the fact that the defendant has no record of being punished in addition to the above fine, the recognition of his crime in this court is against the law, and the non-reported accommodation business is deemed to be suspended is the circumstances favorable to the defendant.

In light of the above circumstances, the sentence like the order is imposed in consideration of the circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc.