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(영문) 창원지방법원 진주지원 2020.05.26 2020고단334
공중위생관리법위반
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Any person who intends to run a public health business, such as accommodation business, shall have facilities and equipment prescribed by relevant Acts and subordinate statutes and report it to the competent authority.

Nevertheless, the Defendant, without reporting to the competent authority on January 1, 2019, provided the above guest room in order to make it possible for the customers to sleep, through the Internet, and provided the above guest room and received total accommodation charges of KRW 130,709,700,000 in total from March 1, 2019 to November 10 of the same year by converting the above warehouse into three guest rooms among the buildings with the total floor area of 369.07 square meters, such as one unit of a single house and one unit of a one-story warehouse attached thereto, etc. located therein.

Accordingly, the defendant operated accommodation business without reporting to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (verification of detailed information on accommodation charges in an unreported guest room);

1. A general building ledger, tax base return, etc. after the deadline for the value-added tax of general taxable persons, details of payment, certificates of pre-contracted, details of entry and exit transactions, details of transactions, and details of sales of packing;

1. Application of Acts and subordinate statutes, such as a photo, name card, monthly reservation management closure screen, closure screen of the penty website, and closure screen of business details;

1. Relevant Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the same Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order runs accommodation business without filing a report for a considerable period of time, and the profits gained therefrom are not significant, and in particular, it is found that the facts of violation have been discovered.

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