공중위생관리법위반방조
The defendant shall publicly announce the summary of the judgment against the defendant not guilty.
1. The summary of the facts charged is the relationship between the Defendant and B.
A person who intends to conduct a public sanitary business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report it to the head of the Si/Gun/Gu.
Nevertheless, the Defendant, despite being aware of the fact that the Defendant was operating a lodging business, leased the said house to B so that he/she would be able to pay the said money to the Defendant with the profits of the Defendant by operating accommodation business in the said house without obtaining the permission of the head of Taean Gun. From June 2012 to March 1, 2017, the Defendant leased the said house to B, despite being aware of the fact that the Defendant was operating a lodging business.
In addition, the defendant sought a public official in charge with B, posted an advertisement advertisement for accommodation business, posted an advertisement advertisement on the Internet, posted the contact address of the defendant in the advertisement, and helps the customer to contact with the customer if the contact is misleading, open a guest room, or clean up the guest room after leaving the guest room.
Accordingly, the Defendant assisted the above D’s unauthorized accommodation operation crime.
2. The prosecutor brought the instant public prosecution against the Defendant’s act in violation of Article 20(1)1 and the former part of Article 3(1) of the Public Health Control Act.
However, in full view of the following facts and circumstances acknowledged by the interpretation of the above penal provisions and the evidence duly adopted and investigated by this court, the Defendant’s act does not constitute the penal provisions of the above statutes.
In other words, the first sentence of Article 3(1) of the Public Health Control Act provides for the form of “a person who intends to engage in a public sanitary business” and “a person who intends to engage in a public sanitary business shall report to the head of a Si/Gun/Gu” (the duty). Thus, a person who intends to engage in a lodging business pursuant to the above provision is liable to report.