Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

A person who intends to operate a lodging business shall report to the head of the Si/Gun/Gu.

Nevertheless, the Defendant, without filing a report on accommodation with the head of Songpa-gu Office from November 2015 to July 19, 2016, operated accommodation business by having 22 guest rooms with the trade name of “D” on the Songpa-gu Seoul Metropolitan Government C and the second floor from around July 2016, and having them receive accommodation charges of KRW 20,000 per day and having them accommodation.

Summary of Evidence

1. Partial statement of the defendant;

1. Civil petition review report, introduction of D website, inquiry of entry room on D website, response to inquiries, and application of Acts and subordinate statutes on E website;

1. Relevant legal provisions and the choice of fines under Article 20(1)1 and Article 3(1)1 of the Public Health Control Act concerning criminal facts and the choice of fines;

1. The Defendant and his defense counsel’s assertion under Articles 70(1) and 69(2) of the Criminal Act concerning the detention of the workhouses asserts that from the end of 2015, the Defendant, who had been employed only as a public official while operating D and did not have been engaged in accommodation business.

Lodging business refers to an act of continuously and repeatedly providing services, such as facilities and equipment, which make customers able to sleep and stay for commercial purposes (see Supreme Court Decision 2013Do7947, Dec. 12, 2013). Whether a lodging business constitutes a lodging business may be reasonably determined by taking into account the circumstances, such as the content of the facilities and services provided to the users of the relevant facilities, the method and payment system of usage fees, the period of use of the relevant facilities, the existence of the right to own and manage the relevant facilities, the subject to the responsibility to preserve and manage the relevant facilities, the structure of the relevant buildings, the size of guest rooms, the size of the relevant facilities, the type of operation of the relevant facilities, and the structure and patterns

The following circumstances acknowledged by the evidence duly adopted and examined by this Court, namely, the Defendant, at each heading room of D, kept the shampoo and shampoo in the joint shower room (the 32 pages of the investigation record), and the Defendant.