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(영문) 수원지방법원 2015.05.13 2014고정3289
체육시설의설치ㆍ이용에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, without filing a business report with the competent authority from July 25, 2013 to August 15, 2013, and from July 25, 2014 to August 15, 2014, the Defendant installed a swimming pool equivalent to 231 square meters of the 231 square meters of the d school located in Cheongsung City and carried out a swimming pool business, one of which is a sports facility business, with a charge of KRW 15,000 for adults, and a charge of KRW 8,00 for a children, from July 25, 2013 to August 15, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of partial police interrogation of the accused;

1. A letter of business trip;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 38 (2) 1 and Article 20 of the Installation and Utilization of Sports Facilities Act (Selection of Fines) concerning facts constituting an offense and the selection of punishment therefor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant's assertion on the provisional payment order of Article 334 (1) of the Criminal Procedure Act is asserted to the effect that the defendant does not have a swimming pool business by borrowing a closed school site from the Gyeonggi-do Office of Education and operating a swimming pool business, since there is no justifiable ground that it continued as a preservation act by the lien holder after the expiration of the lease period.

According to the evidence, the establishment of a swimming pool in the training institute facility was approved by E on July 199 on the condition that E shall implement the administrative procedure following the installation of a swimming pool by the Gyeonggi-do Office of Education on the condition that it shall implement the administrative procedure on or around July 1999; ② the Defendant acquired a site and facilities for a field learning center from E on or around August 2004 and renewed the loan contract several times with the Gyeonggi-do Office of Education and continued to operate a field learning center; ③ the fact that E and the Defendant failed to implement the administrative procedure under the approval conditions; ④ the Gyeonggi-do Office of Education failed to implement the administrative procedure on or around December 31, 2012.

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