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(영문) 서울중앙지방법원 2013.06.04 2012고정4338
공중위생관리법위반
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Defendants shall be punished by a fine of KRW 3,000,000.

Defendant

A fails to pay the above fine; 50.

Reasons

Punishment of the crime

1. Defendant A is the representative director of the Company B who operates the said Company.

Anyone who intends to operate a lodging business which is a public health business shall have the facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare and make a report on his business to the competent authorities.

Nevertheless, the Defendant, without filing a business report with the competent authority from October 1, 201 to April 19, 201, installed, with the trade name of “E,” 23 guest rooms, such as just, just, cryst, lap, laund, TV, etc., in a place of business with approximately KRW 1,205 square meters of D, Jung-gu, Seoul, and with the trade name of “E,” and provided without filing a report by means of providing guest rooms and ancillary services to customers visiting the place of business through the Internet site for public relations of business activities and the reservation site connected thereto.

2. Defendant B Co., Ltd., at the same time and time as set forth in the preceding paragraph, and without reporting accommodation on the Defendant’s business as described in the preceding paragraph.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A written statement of the G production;

1. Accusation against the offender of the Public Health Control Act;

1. A written accusation;

1. Control materials (Internet homepage);

1. Full certificate of the registered matters;

1. E-learnings by cutting down the current website;

1. Application of Acts and subordinate statutes to search results on portal sites E;

1. Relevant legal provisions and the first sentence of Article 20 (1) 1 and the former part of Article 3 (1) of the Public Health Control Act (comprehensively: Selection of fines): Defendant B stock company: Article 21 and Article 20 (1) 1 of the Public Health Control Act and the first sentence of Article 3 (1) of the Public Health Control Act (comprehensively:);

1. Defendant A at a workhouse: Articles 70 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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