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(영문) 전주지방법원 2018.05.31 2016고단277
체육시설의설치ㆍ이용에관한법률위반
Text

Defendant

A In four months of imprisonment, Defendant B shall be punished by a fine of KRW 3,000,00, and Defendant C shall be punished by a fine of KRW 5,000,00.

Reasons

Punishment of the crime

Defendant

A is the former representative director (from June 11, 2013 to October 1, 2015) of C, and Defendant B is the current representative director of the said company (standing on October 2, 2015), and Defendant C is a corporation established for the purpose of golf course operation, etc.

1. Notwithstanding that Defendant A’s registration was revoked on June 22, 2015 on the part of the sports facility business (a golf course business) conditions of the said company, Defendant A operated a golf course business as a sports facility business without obtaining KRW 50,000 or KRW 80,000 from the “CCC” located in North Korea-gun G from around the above day to October 1, 2015 at a single rate from the golf course users.

2. Defendant B operated a golf course business, which is a sports facility business, without registering the said place from October 2, 2015 to December 15, 2015.

3. The Defendant Co., Ltd. operated a golf course business, which is a sports facility business, without registering the Defendant’s business, at the time and around the time of paragraphs 1 and 2, and at the above location, the above A and B, the representative director of the Defendant, at the Defendant’s office.

Summary of Evidence

[Judgment]

1. The Defendants’ partial statements in the first public trial protocol

1. Statement made by the police with H;

1. A written statement of I;

1. Each Jinan-gun’s official written order, administrative disposition order, and each photograph [the Defendants acknowledged the substitute facts of the facts charged in the instant case, but denied the facts charged in the instant case to the effect that the revocation of registration of non-registration of sports conditions of the previous North Korean Dos was unlawful.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, Defendant C obtained permission from the Do Governor on November 6, 2014 to change the terms and conditions of sports facility business (a golf course business), but failed to comply with the changed terms and conditions, and Defendant C was subject to revocation of registration of sports facility business (a golf course business) from the Do Governor on June 22, 2015.

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