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(영문) 서울중앙지방법원 2016.05.19 2016고단1467
공중위생관리법위반
Text

Defendants shall be punished by a fine of five million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A, the representative director of Jongno-gu Seoul Metropolitan Government D, who is a company B, operating and managing accommodation business, is a person who intends to conduct public hygiene business, is equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public health and welfare business, and shall report to the head of a Si/Gun/Gu under his/her jurisdiction. However, the Defendant did not report his/her business to the head of the Gu. From May 27, 2015 to September 16, 2015, the Defendant provided 36 accommodation facilities, etc. within the said building with the accommodation facilities, etc., such as bedclothess and tax rooms, and provided them with 60,000 won per accommodation for foreign tourists promised through the Internet during the said period.

2. Defendant B, at the above time and place, was engaged in public sanitary business without filing a business report as set forth in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A’s legal statement

1. A protocol concerning the examination of suspect of the defendant A;

1. Application of Acts and subordinate statutes to the register of a corporation, such as a report on detection, field photographs, the current status of accommodation, copies of each lease contract, a copy of business registration certificate, and certified copies of

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 20(1)1 of the Public Health Control Act and the former part of Article 3(1)1 of the same Act;

(b) Defendant B: Articles 21 and 20(1)1 and the former part of Article 3(1) of the Public Health Control Act;

1. Defendant A who is selected to impose a fine;

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants continuously committed the instant crime even though they were punished by a fine of five million won for the same crime under Article 334(1) of the Criminal Procedure Act; Defendant A committed the instant crime; Defendant A’s mistake and reflect it; and Defendant A operated the business by reducing the number of guest rooms; and recently, the size of guest rooms was voluntarily reduced to seven.

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