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(영문) 제주지방법원 2015.05.15 2014고정1030

공중위생관리법위반

Text

Defendants shall be punished by a fine of KRW 5,000,000.

Defendant

If B does not pay the above fine, 100.

Reasons

Punishment of the crime

1. Defendant B is a representative director of the “A” corporation and a person in charge of overall management of the company’s affairs.

The defendant did not report accommodation to the competent authorities, and from May 1, 2014, the same year.

7. From the third to the tenth floor of the “E” building in Jeju City, up to the tenth floor of the total of 171 guest rooms, such as bed, TV, cooling, cooking facilities, air conditioners, etc., and the strawing room (two persons) provided ancillary services, such as bed, exchange of bed, and cleaning of guest rooms, and the strawing room (five persons) operated accommodation with approximately KRW 80,208, and approximately KRW 384,780 with a charge of guest rooms in the amount of approximately 384,780.

2. Defendant A is a corporation established for the purpose of leasing real estate and running a tourist accommodation business.

The Defendant, a representative director, carried on accommodation business without filing a report on accommodation with the competent authorities on the Defendant’s business at the same date, time, and place as paragraph (1).

Summary of Evidence

1. Defendants’ partial statement

1. The police statement concerning F;

1. Defendant B’s written confirmation

1. A written accusation;

1. The aggregate building register, business registration certificate, and accommodation expenses related thereto;

1. Investigative report (to examine whether it is possible to report accommodation business of a building for the purpose of “officetel”);

1. Application of field confirmation photographs, on-site photographs and statutes;

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

(a) Defendant B: Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act;

(b) Defendant A stock company: Articles 21, 20 (1) 1, and 3 (1) of the Public Health Control Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on the Defendants and their defense counsel’ assertion under Article 334(1) of the Criminal Procedure Act

1. Business activities of the alleged Defendants constitute real estate rental rather than lodging business.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court, namely, Defendant A.