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(영문) 부산지방법원 동부지원 2018.01.18 2017고단2040
공중위생관리법위반
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person shall be equipped with the facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for accommodation business and shall report to the head of the competent Si/Gun/Gu.

However, the defendant did not report accommodation business to the head of the Si/Gun/Gu in Busan.

Nevertheless, from Apr. 1, 2017 to Aug. 5, 2017, the Defendant installed a lodging establishment with the trade name of 1710, “C”, and a general officetel equipped with beds, bedclothess, etc. from Apr. 1, 2017. The Defendant posted a notice of a public relations letter on Ebnb Bnb, a lodging-sharing site.

In addition, it received from 50,000 won to 70,000 won for accommodation expenses for tourists D, etc. who have promised to report the relevant site, and operated a non-reported accommodation facility under the pretext of accommodation expenses.

In addition, the Defendant operated a place of accommodation business not reported in the 12 family rooms in the total sum of 12 family rooms in the attached Form (i.e., the “10:30 on July 4, 2017,” among the dates of each crime, referred to as “ August 5, 2017”).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each certificate of D or F preparation;

1. Each statement of G, H, I, J, K, and L;

1. Application of each on-site photograph and each enforcement report-related statute;

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act and Article 20 of the same Act concerning criminal facts, the choice of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant’s business size is not small, etc. is disadvantageous.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant does not have any criminal records exceeding the same criminal records or fines.

In addition, the defendant's age, sex, environment, means and results of crimes, and various sentencing conditions in the trial process of this case, such as the circumstances after the crime.

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