The defendant's appeal is dismissed.

1. The main point of the grounds of appeal is that the Defendant’s relocation to and removal from the Jeju K and the multi-household housing (hereinafter “multi-household housing in this case”) is merely a general entrepreneur, separate from the “Friet accommodation facilities” operated by the Defendant as a tourist accommodation business entity via C, selling and selling the shares to individuals.

Under the provisions of the Tourism Promotion Act, “responding condominiums” can be used by tourists to use facilities designated by business operators in accordance with the pre-determined conditions under a contract with tourist accommodation business operators. Since the instant multi-households can be used without any restriction by the purchaser, and the ownership shares are owned by the right of disposal under the law, it cannot be deemed as “responding condominiums” under the Tourism Promotion Act.

Nevertheless, the lower court convicted the Defendant of the charges of this case on the ground that the instant multi-household house constitutes “responding condominiums” as stipulated in the above Act, on the premise that the Defendant sold resort condominiums without obtaining registration of tourism business or approval of business plan, and thereby, convicted the Defendant of the charges of this case by misapprehending the legal doctrine or

2. Determination

A. Under Article 3(1)2(b) of the Tourism Promotion Act, the term “ resort condominium business” is defined as “the business of operating facilities suitable for tourists’ lodging and cooking to provide its members, co-owners, or other tourists with such facilities, or operating facilities suitable for meals, sports, recreation, relaxation, performances, or training programs to provide tourists with such facilities along with facilities for meals, sports, recreation, relaxation, performances, or training programs.”

With regard to this resort condominium business, the Act provides for the guidelines and procedures for sale by units or offering of membership under Article 20(4), and the matters to be observed by the business operators for protecting the rights and interests of co-owners and members under Article 20(5).