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(영문) 서울북부지방법원 2015.05.22 2015고정238
공중위생관리법위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 5 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

A is a person who operates a lodging establishment in Dongdaemun-gu Seoul Metropolitan Government, and Defendant B is a corporation established for the purpose of real estate sale and lease business.

Anyone who intends to run a lodging business shall have the facilities and equipment prescribed by relevant Acts and subordinate statutes and report it to the competent authorities.

1. Nevertheless, without filing a business report, Defendant A, in Dongdaemun-gu Seoul Metropolitan Government, had approximately 24.0 square meters guest rooms in size 38 square meters, and had 24.0 square meters of guest rooms, laundry, washing machines, TV, etc., and had multiple unspecified visitors visiting the said business receive 5-60,000 won per day from July 10, 2014 to November 20, 2014, and carried out accommodation business activities by raising sales worth an average of KRW 175 million per month from July 10 to November 20, 2014.

2. Defendant B, a representative, committed the above act of violation in relation to the Defendant’s business at the same date, time, and place as paragraph (1).

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. A written accusation, a written statement, a written non-reported business confirmation, a reservation status, and on-site photographs;

1. Application of Acts and subordinate statutes to entire registered matters;

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

(a) Defendant A: Article 20(1)1 of the Public Health Control Act and the former part of Article 3(1)1 of the same Act and the selection of fines;

(b) Defendant B: Articles 21 and 20 (1) 1 and the former part of Article 3 (1) of the Public Health Control Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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