The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. According to the evidence submitted by the Prosecutor on the gist of the grounds of appeal, even if the Defendant’s business constitutes a lodging business as prescribed by the Public Health Control Act, and the facts charged in the instant case were sufficiently convicted, the lower court erred by misapprehending the facts and thereby acquitted the Defendant of the facts charged.

2. The summary of the facts charged is that the Defendant is a person who runs urban life-sustaining business in the Jung-gu Seoul Metropolitan Government Ground Building (hereinafter “instant building”) on October 1, 2014.

Any person who intends to run a lodging business shall be equipped with the facilities and equipment prescribed by Ordinance of the Ministry for Health and Welfare for each type of public sanitary business and shall report thereon to the head of a Si/Gun

Nevertheless, the Defendant, without reporting to the competent authority from October 1, 2014 to December 11, 2014, had 20 guest rooms and bathing rooms on the 2 and 3th floor of the instant building (the 6th floor is reported to the competent authority, "foreign tourist food gambling business" to the competent authority) and provided many unspecified foreign customers with accommodation and lodging for 3 to 40,000 won per one room and for 1 million won per month.

3. The lower court determined that Article 2(1) of the Public Sanitary Control Act refers to the business of providing sanitary management services to many people with respect to public sanitary business, such as lodging, bath, barber, beauty and beauty laundry, and sanitary management services.

In accordance with the provision of "A lodging business shall be a business that provides sanitary management services to many people, and in light of the fact that "a business that provides sanitary management services" in Article 2 (1) 7 of the same Act refers to "a business that provides clean maintenance of buildings, facilities, etc. used by public and conducts cleaning, etc. to purify indoor air", if it is deemed as one of the public sanitary business to be a business that provides sanitary management services, such as the maintenance of cleanliness of buildings, facilities, etc.