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(영문) 전주지방법원 2018.12.20 2018고정550

관광진흥법위반

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

A person who intends to operate a camping ground business shall register with the Do Governor or the head of a Si/Gun.

Nevertheless, from January 24, 2018 to July 5, 2018, the Defendant, without being registered with the head of the Special Self-Governing Gun, has installed a camping site with toilets, private gambling clubs, etc. in the name of "D" in Y-gun C, and operated a camping ground business to receive KRW 25,000 to KRW 30,000 from customers who found the place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the operation status of an accusation site, written statement, unregistered camping site (online), or unregistered camping site (on-site control);

1. Article 83 (2) and Article 4 (1) of the Tourism Promotion Act applicable to the facts constituting an offense and Articles 83 (2) and 4 (1) of the same Act;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant engaged in camping business without registration with the competent authority even though he/she was subject to criminal punishment twice due to his/her act of running a camping site business without registration, and thus, it is necessary to punish the defendant strictly.

The Defendant operated a camping site prior to the legal request for registration of the camping business, and argued to the effect that the act of illegality was inevitably repeated due to a lack of registration requirements. However, considering such circumstance as a favorable sentencing condition, considering such circumstance as a favorable sentencing condition, the Defendant’s view of the legislative intent of the Tourism Promotion Act, which newly incorporated the camping business into a regulatory system, to protect the safety, etc. of the users through systematic management and supervision of the camping site, is difficult to take into account the favorable circumstances.

The punishment as ordered shall be determined in consideration of the circumstances above, such as the size of the camping site, the period of illegal business, the age of the defendant, sexual conduct and environment, etc.