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(영문) 의정부지방법원 2017.04.13 2016고정2651
관광진흥법위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Any person who intends to operate a camping ground business shall register with the competent authority.

Nevertheless, the Defendant did not register with the competent authority, from February 3, 2016 to August 15, 2016, operated a camping ground business by setting up at least 13 to 27 Karabs (clers) in the site of approximately 5,000 square meters from 13 to 180 square meters, and by allowing customers to use the said Kabs with daily fee of KRW 60,00 to 60,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation, a written accusation, a written confirmation of violation, and a report on the results of investigation;

1. A satellite photograph of a camping site and business site photograph at the time of crackdown;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 83 (2) and Article 4 (1) of the Tourism Promotion Act concerning the facts constituting an offense, and Articles 83 (2) and 4 of the same Act concerning the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the accused recognizes the criminal facts of this case and reflects his mistake; (b) the accused is running the business only to the pre-contracted customer at the time of crackdown and seems to have suspended the camping site business thereafter; and (c) the fact that there is no special criminal record except for those punished once by a fine due to a violation of the Quality Control and the Safety Control of Industrial Products Act.

However, in light of the content and method of the crime, the legislative intent of the Tourism Promotion Act, etc., the crime of this case is not less than the nature of the crime, the size of the camping site operated by the defendant is relatively small, and the Karabs, etc. was installed. The balance of general criminal punishment in cases of the same kind and similar cases, and the defendant's age, sex, conduct, intelligence and environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, family relations, and economic relationship.

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