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(영문) 제주지방법원 2019.06.21 2018고정431
공중위생관리법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

A person who intends to run a public health business shall have facilities and equipment prescribed by the Ordinance of the Ministry of Health and Welfare for each type of the public health business and report to the head of Si/Gun/Gu (limited

On April 16, 2018, the Defendant leased a house located in Jeju-si B without reporting to the competent authority, and provided accommodation services that enable customers to sleep in the guest room in the name of “C” from around April 16, 2018 to June 5, 2018, by having bedclothes stuffs, food instruments, and scambling utensils, etc., on the website, which is a lodging-sharing site, to receive 70,000 won a day from foreign tourists in an unspecified country, and to provide them with accommodation services.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect examination of the accused prepared by the special judicial police officer;

1. A statement of investigation report (including attached documents) on preparation of the Special Judicial Police Agency (the details of receipt of unjust enrichment from lodging business);

1. To describe a copy of the contract;

1. To close a DNA web page and to apply each description of on-site photographs and video-related Acts and subordinate statutes;

1. Article 20 (1) 1 of the Public Health Control Act and Articles 3 (1) of the same Act concerning the selection of applicable criminal facts and punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【Scope of the sentence to be imposed by law】 A fine of KRW 50,000 to KRW 10,000,000,000 for a fine of KRW 2 million. However, in light of the degree of the instant crime committed by the Defendant, the above amount of the fine cannot be deemed excessive.

It is so decided as per Disposition for the above reasons.

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