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(영문) 의정부지방법원 고양지원 2019.01.09 2018고단2697
관광진흥법위반
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

A person who intends to operate a business providing tourists with facilities, equipment, etc. suitable for camping and providing camping convenience shall register with the competent Mayor/Do Governor.

Nevertheless, the Defendant, without registering with the competent authority from October 28, 2017 to August 14, 2018, provided “C” with incidental facilities, such as toilets, shower rooms, repair rooms, etc., and provided them with a fee of KRW 35,00 for the use of 35,00 from customers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to accusations, investigation reports (verification reports on facilities incidental to the camping ground for the operation of suspects, and temporary reporting on crimes);

1. Article 83 (2) and Article 4 (1) of the Tourism Promotion 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. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order continues to commit the instant crime at the same place without having completed registration or not suspending the operation of the camping site, and other crimes are committed while operating the camping site in this case, although the crime is not good, the punishment is to be determined as ordered in consideration of the fact that the defendant has completed the registration of camping business in accordance with the Tourism Promotion Act, the fact that he/she recognized the crime and reflects his/her mistake, and other factors of sentencing provided by Article 51 of the Criminal Act.

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