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The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Any person who intends to run a public health business under indictment shall install facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for each type of the public health business and file a report thereon with the
Although the Defendant described only as “E” that he was acting for B multi-household C in Seocho-si, it is clear that the Defendant is “C” according to the description of the real estate lease agreement (Defendant No. 1’s card) and the substantial fact in this court.
Therefore, it is determined that such recognition does not materially disadvantage the defendant's right to defense, and therefore, the facts charged should be stated in the indictment as above without any changes in the indictment. A person who advertised Eul as "D pents" and conducted accommodation business, without reporting it to the competent authority, and a person who is equipped with two guest rooms in the above place, two guest rooms, living rooms, beds, various bedclothess, various kinds of bedclothess, kitchen facilities, and toilets and other facilities and equipment, and conducted accommodation business with 80,000 won or 100,000 won for one night, without reporting it to the competent authority.
2. Determination:
A. The prosecutor brought a public prosecution of this case against Article 20(1)1 of the Public Health Control Act and the former part of Article 3(1) of the Public Health Control Act, as the owner of “No. B building C” (hereinafter “the instant house”).
B. However, considering the interpretation of the above law, the evidence duly adopted and examined by this court, and the following facts and circumstances recognized as significant facts in this court, it does not seem that the defendant is subject to punishment of the above law.
(1) As the former part of Article 3(1) of the Public Health Control Act provides for the form of “a person who intends to run a public health business” and “a person who intends to run a public health business shall report to the head of the competent Si/Gun/Gu” (see, e.g., Supreme Court Decision 20
On the other hand, Article 20.