A. Defendant shall be punished by a fine of KRW 5,000,000.

B. The defendant does not pay the above fine.

1. Defendant A

(a) Any person who intends to operate a swimming pool business in violation of the Installation and Utilization of Sports Facilities Act shall install the facilities prescribed by Ordinance of the Ministry of Culture, Sports and Tourism and report thereon to the competent authorities;

Nevertheless, from January 14, 2008 to September 1, 2013, the Defendant, at a five-story bath of “F” in the Jeonnam Y E, the Defendant, without reporting to the competent authority, engaged in the business of receiving a report warrant in such manner that he was equipped with a swimming pool, swimming tank, swimming pool, drum, etc. for massage, and made customers receive a swimming at that place, and obtained it from the swimming tank.

A defense counsel argues to the purport that the above swimming facilities constitute a public bath business where legitimate reports have been filed. However, considering the evidence adopted by the court and duly completed evidence examination, the above swimming facilities (five floors) are operated separately from the public bath facilities (3,4 floors) and physically and externally, and the above swimming facilities are similar in appearance to the swimming pool that is not the public bath. ② The above swimming facilities are allowed to have access to and use of the swimming uniform, unlike the public bath, and the above swimming facilities are set separately from the fee for use of the public bath (see the second trial record); ③ In light of all the circumstances, such as the fact that the above swimming facilities (5 floors) are operated separately from the public bath facilities (3,4 floors) and the fact that the above swimming facilities are installed separately from the fee for use of the public bath facilities (see the second trial record); and in light of all the circumstances such as the fact that the above swimming facilities are installed and operated under the Acts on the installation and use of sports facilities (round 89, the investigation records). Thus, the above assertion is not acceptable.

B. Around 11:00 on July 25, 2013, the Defendant injured by occupational negligence is running a swimming pool on the above F5th floor.