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(영문) 창원지방법원통영지원 2020.11.23 2020고정217

공중위생관리법위반

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant did not report accommodation business to the competent authority from June 29, 2017 to September 22, 2019. From around 1,353 times, the Defendant had a total of 9 guest rooms in the building C located in Tong Young-si, with a total of 9 guest rooms in the building C located in Tong Young-si, equipped with beds, cooling house, and kitchen facilities, and run accommodation business by receiving a total of 108,890,000 won from 108,890 to 130,000 won for pre-contracteds through the Internet, and providing guest rooms.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the accused's statutory statements, investigation reports (Attachment to details of business of lodging and sales of the accused), D accommodation reservation details, and outputs;

1. Relevant Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although it is recognized that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had registered a tourist accommodation business on August 3, 2020 pursuant to Article 4(1) of the Tourism Promotion Act, it is difficult to view that such circumstance alone alone constitutes a reason to reduce the amount of fine

Rather, it is doubtful that the defendant operated accommodation business without reporting even after the end of the crime.

However, since the evidence has not been submitted, the amount of fine shall not be increased.