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(영문) 서울북부지방법원 2015.09.09 2015고단2095
공중위생관리법위반
Text

Defendant

A shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the representative of Dongdaemun-gu Seoul Co., Ltd. and Defendant B is a corporation established for the purpose of real estate business and service business.

1. The Defendant did not report to the competent authority, from December 2, 2014 to April 24, 2015, and, from Dongdaemun-gu Seoul Metropolitan Government, up to 147 square meters of the total floor area of 4.516 square meters and 147 square meters of the total floor area of 18 square meters in each guest room of 18 square meters of the building with the trade name of Dongdaemun-gu Co., Ltd., Ltd., Ltd., Defendant A carried out accommodation business by installing a sedi, TV, cooling, and kitchen facilities, etc. to receive and serve a large number of unspecified customers visiting the said business at a guest room from 50,00 to 60,000 won per one guest room.

2. Defendant B, a representative of the Defendant, carried out accommodation business without reporting the Defendant’s business at the above time and place.

Summary of Evidence

1. Defendant A’s legal statement

1. Statement made to D by the police;

1. Related data, such as field photographs, investigation reports (Evidence Nos. 7);

1. Full certificate of matters to be registered (including matters to be cancelled);

1. Application of statutes governing certificates of value-added tax;

1. Article applicable to criminal facts;

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

B. Defendant B: Article 21 of the Public Health Control Act

1. Defendant A, for the reason of sentencing under Article 62(1) of the Criminal Act, has already been subject to a fine due to the failure to report the same business establishment by the public health business entity and the records of the fine have already been maintained as in the instant case, and the liability for the crime is not easy in light of the period of the crime, profits derived from the crime, etc.: Provided, That the fact that the Defendant recognizes and reflects the crime, the fact that the business is deemed to be suspended at the present, the fact that the Defendant does not have any other criminal records, and that the Defendant has no other criminal records, shall take into account

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