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(영문) 창원지방법원 2018.05.03 2017고정1011

체육시설의설치ㆍ이용에관한법률위반

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who operates the "D Insignia Center" in the old C Apartment 101 Dong 200, Changwon-si, Changwon-si.

Any person who intends to conduct reported sports facilities business shall prepare facilities meeting the standards for facilities and report to the Mayor of a Special Self-Governing City, the branch office of a Special Self-Governing City, the head of

Nevertheless, from May 2017 to August 10, 2017, the Defendant, within the foregoing “D” center, was an apartment resident welfare facility that can not report the sports facility business, and was engaged in the sports facility business without reporting the business by pursuing the business.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article 38 (2) 1 and Article 20 (1) of the Installation and Utilization of Sports Facilities Act concerning facts constituting an offense, and Articles 38 (2) 1 and 20 of the Act on the Establishment and Utilization of Alternative Sports Facilities, and Selection of fines;

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

1. The Defendant asserts to the effect that a judgment on the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act was merely made without filing a report at a place where it is impossible to file a report, and that according to the relevant law, he/she cannot be deemed an entrusted operator as a person operating a sports facility, and thus, cannot be punished.

In full view of the evidence duly adopted and examined by this Court, the following circumstances are recognized.

① The Defendant was selected as an operator of a sports facility through a bid at the meeting of the representatives of occupants of apartment houses, and operated the instant sports facility exclusively by paying the deposit money and operating expenses to the representative meeting of occupants.

(2) The Defendant directly collected certain usage fees from members who use sports facilities, and also received apartment complex occupants as well as those who are not occupants.

Comprehensively taking account of these circumstances, the Defendant’s instant case for profit.