(영문) 제주지방법원 2009.4.10.선고 2009고단159 판결

Defendant shall be punished by imprisonment with prison labor for six months and by a fine of 10,000,000 won. If the Defendant fails to pay the above fine, the Defendant shall be confined in the workhouse for a period calculated by converting the amount of 50,000 won into one day.

However, the execution of the above imprisonment shall be suspended for one year from the date this judgment became final and conclusive.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

A person who intends to operate a travel business shall register with the competent authority.

The defendant, without registering his travel business with the competent authority on June 2008, opened the Internet search site called " Jeju ○○○○○" from June 2008 to October 200 of the same year, and received approximately KRW 500,000 per capita from customers who reported the above site and contact with him, on behalf of him, by raising sales of approximately KRW 7,800,000 on behalf of him, such as golf courses, airline tickets, rental car reservations, etc., and by acting as an agent for him to enter into contracts such as travel tickets, transportation facilities, etc., and by providing guidance on the trip and convenience for travel;

2. From May 23, 2007 to June 24, 2008, the Jeju City opened the Internet search site called 'balknum' at Jeju, and received approximately KRW 500,000 per capita from the customers who reported and contact the above site, and approximately KRW 26,200,000 per person in the manner described in paragraph (1), representing the conclusion of a contract, such as travelers or transportation facilities, by raising sales of approximately KRW 26,200,00 in the same manner as described in paragraph (1), and providing guidance on travel and convenience for travel.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 82(1) and 4(1) of the Tourism Promotion Act (Concurrent imposition of imprisonment and fine)

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Suspension of execution;

Article 62(1) and (2) of the Criminal Act (General Considerations favorable to the reasons for sentencing below)

1. Order of provisional payment;

The disorder of tourism industry in Jeju area with the reason for sentencing under Article 334(1) of the Criminal Procedure Act is directly affected by Do residents' livelihood. As such, the act of disturbing the tourism industry should be punished strictly in light of regional characteristics. In this case, the crime of the defendant is very poor in that the crime of the defendant is committed to conceal the image of the tourist system and the damage caused by such act extends to other good tourist operators. Therefore, even though it is inevitable for the defendant to make a strict sentence corresponding thereto, it is inevitable for the defendant to have a criminal record of imprisonment, and it is necessary for the defendant to repent his own mistake in depth and close his site, so the suspension of execution shall be imposed only once on the defendant, but the defendant shall be punished by a fine in order to deprive him of profits caused by the illegal travel business.