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(영문) 서울서부지방법원 2015.09.22 2015고정1141

공중위생관리법위반

Text

Defendants shall be punished by a fine of KRW 7,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of real estate development, etc., and a person who exercises overall control over business as the B representative director.

1. A person who intends to run a lodging business shall have the facilities and equipment prescribed by the Public Health Control Act and report it to the head of the competent Gu;

Nevertheless, the Defendant provided the Gu office with 46 guest rooms from August 1, 2014 to March 17, 2015, without filing a business report, for the purpose of running lodging business at the above site from 2 to 16th of the ground, and operated accommodation business by providing the service, such as bed, TV, cooling, cooking facilities, and toilets, in which customers are able to sleep.

2. Defendant B, a representative director, operated accommodation business without filing a report with the competent Gu office in the same manner as the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes including investigation reports (verification of the registration of Internet hotel reservation site, C building use-offices, results of joint inspections at business sites, facsimile submission of certified transcript of corporate register, confirmation of C lodging business, submission of business-related documents, and confirmation of C sales), and respective accompanying documents;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 20(1)1 of the Public Health Control Act and the former part of Article 3(1)1 of the same Act and the selection of fines;

B. Defendant B: Articles 21 and 20(1)1 and the former part of Article 3(1) and Article 3(1) of the Public Health Control Act and the selection of fines

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;