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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
In fact, the defendant was aware that he had obtained permission for urban home accommodation business from the previous accommodation proprietor and only succeeded to the reservation received by the previous accommodation proprietor.
The Defendant did not know that he did not obtain necessary permission for accommodation at the time of committing the instant crime.
The Public Health Control Act prohibits lodging operators from operating accommodation business without reporting accommodation business and punishs violations.
The defendant merely succeeds to the accommodation business that was not reported by the previous accommodation business operator, and does not constitute the above cases.
According to the Public Health Control Act, a person who succeeds to a accommodation business shall report to the competent agency within one month. Since the defendant was found to have been found in a state where one month has not yet passed since he succeeded to the accommodation business, the defendant cannot be deemed to have reported the accommodation business
Punishments (fines 800,000) sentenced by the court below of unfair sentencing are too unreasonable.
Judgment
In light of the following circumstances acknowledged by the lower court’s evidence duly admitted and examined: (a) the Defendant was discovered while running a lodging business without reporting even prior to the instant crime and was subject to a disposition of suspension of indictment on February 26, 2019; and (b) the Defendant, at the police, was aware of the place to cover monthly rent and living expenses in the course of running a foreign tourist gambling business; (c) as he borrowed, the Defendant was aware of the place to run a foreign tourist gambling business; (d) as a result of the fact-finding in the Gu office, the Defendant was under the control of receiving accommodation without being registered because he could not engage in a foreign tourist gambling business; and (e) the Defendant stated that the Defendant was unable to file a business report in accordance with the Public Health Control Act, etc. at the time of the instant crime.