logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.02.01 2017고정2390
관광진흥법위반
Text

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

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

Reasons

Punishment of the crime

Any person who intends to conduct camping business shall register with the competent authority.

From March 1, 2016 to June 23, 2017, the Defendant, without registering with the competent authorities, provided 25,000 won to unspecified customers with facilities, such as camping site 25 sites, management offices, toilets, shower rooms, repair rooms, and mobile swimming pool, and provided 45,00 won for camping.

Summary of Evidence

1. Statement by the defendant in court;

1. A written petition, written confirmation of violation, website and photograph of a place of business, and a protocol of suspect examination prepared by the police against E;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 83 (2) and Article 4 (1) of the Tourism Promotion Act concerning the facts constituting an offense, and Articles 83 (2) and 4 of the same Act concerning the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order are as follows: (a) the Defendant committed the crime of this case against his mistake while recognizing the criminal facts of this case; (b) the Defendant appears to have commenced a camping site business as a plan to make a future registration as the lessee of the land of this case; (c) some of the circumstances to be considered in the process of the crime exist; (d) the Defendant appears to have been working for legitimate business, such as obtaining approval of the development project plan for the F and G land, etc. leased with the land of this case for H in the name of H; and (e) there is no record of criminal punishment, etc.

However, the crime of this case committed by the defendant who operated a camping site business without being registered is not less than the nature of the crime in light of the contents and methods of the crime, the legislative intent of the Tourism Promotion Act, etc., the business period of the defendant is considerable, the balance of general punishment in the same and similar cases, and the age, sex, intelligence and environment of the defendant as shown in the argument of this case.

arrow