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(영문) 제주지방법원 2018.04.11 2017고정656
공중위생관리법위반등
Text

Defendants shall be punished by a fine of KRW 5,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. Defendant B violated the Public Sanitary Control Act, without reporting accommodation business to the competent authorities from March 2015 to March 9, 2017, the Defendant, at the Jeju-si 203-dong 401-dong 201-dong 203-dong 401 of Jeju-si, provided bedclothes, etc. to tourists who promised through “D”, a site sharing accommodation, with accommodation accommodation charges of KRW 100,00 to KRW 120,000 per day, and was accommodated in the accommodation business.

B. Defendant A’s aiding and abetting Defendant A’s violation of the Public Health Control Act, despite being aware of the fact that Defendant B did not report the accommodation business to the competent authorities and did not run the accommodation business for tourists, posted a letter on the said “D” website upon Defendant B’s request, thereby aiding and abetting Defendant B’s unreported accommodation business.

2. Defendant A’s sole criminal defendant did not report accommodation business to the competent authorities from the end of January 2017 to March 9, 2017, and provided with bedclothess, etc. at Jeju E and at the third floor to four guest rooms, and provided accommodation services, upon receiving accommodation charges of KRW 15,000 per person, from tourists who promised through “D”, which is a site for sharing accommodation.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of F and G;

1. Each investigation report (On-the-spot verification of the C apartment site, verification of differences in unfair earnings by the suspect, verification of criminal proceeds, re-verification of multilateral conspiracys, and verification of A criminal proceeds);

1. A detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes on documentary evidence;

1. Defendant A of the pertinent legal provision on criminal facts: Articles 20(1)1 and 3(1) of the Public Health Control Act (the point of non-reported accommodation business), Article 32(1) of the Criminal Act, Article 20(1)1 and 3(1) (the point of aiding and abetting accommodation business) of the Public Health Control Act (the point of aiding and abetting accommodation business) for Defendant B: Articles 20(1)1 and 3(1) (the point of non-reported accommodation business) of the Public Health Control Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant A who has been mitigated: Criminal Act.

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