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(영문) 제주지방법원 2018.02.12 2017고정542

공중위생관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Any person who intends to carry on the business of rendering such services as facilities, etc. which make customers able to sleep and stay, to many persons in violation of the Public Health Control Act, shall report in advance to the competent authorities;

From March 3, 2016 to November 2, 2016, the Defendant and C provided 63 guest rooms at the E Center located in Jeju, without reporting to the competent authority, and provided 4-40,000 won for 10,000 won for 3-40,00 won for 8 guest rooms and 6-80,000 won for 8 guest rooms, by dividing them into facility management, financial and material management, etc., and by dividing them into 63 guest rooms, and allowing many customers to sleep and stay.

Accordingly, the defendant and C conspired with the competent authorities to operate accommodation business without reporting it.

2. Any person who intends to operate a general restaurant in violation of the Food Sanitation Act shall report in advance to the competent authority;

The Defendant and C received 6,00 won and provided meals to customers who visited the place under the status of being equipped with storage facilities, such as cooking utensils, heating apparatus, and cooling equipment, and facilities with a maximum of 50 persons capacity at the same time, after dividing the aforementioned roles at the time and place specified in paragraph 1.

As a result, the defendant and C did not report to the competent authorities, but did a general restaurant business.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect under which part of public prosecutor C is partially examined;

1. Each police statement made to F and G;

1. Each investigation report (the verification of the payment details of the E Center user fees, the confirmation of the account holder of the passbook with criminal proceeds, the verification of the details of H account transactions, the verification of the transaction details of the Jeju travel agency account, the attachment of suspect A account transaction details, the verification of whether a group of meal facilities reported, and other reports related to the operation of the E Center Lodging accommodation business);

1. Kakao content output;

1. All on-site photographs;

1. Publicity materials for each E center on the Internet;

1. Application of Acts and subordinate statutes concerning data, such as the E Center building ledger;

1. Relevant Articles of the Act concerning the facts constituting the crime;