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(영문) 인천지방법원 부천지원 2017.05.12 2017고정287
공중위생관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

A person who intends to operate a lodging business that is a public sanitary business shall prepare facilities and equipment necessary for the public sanitary business and report it to the competent authority.

Nevertheless, from July 16, 2016 to November 2016, the Defendant: (a) placed an advertisement on the Internet accommodation site “C” without filing a lodging report with the competent authority; and (b) placed an advertisement on the Internet accommodation site “C” in Seoul Mapo-gu Btel 919; and (c) operated accommodation business by receiving accommodation charge from 134 square meters (only approximately 169,845 won) from the French tourist D, which had contacted with it, from August 16, 2016 to August 19, 2016, by providing the said place as the accommodation place; and (d) operated accommodation business with an average monthly sales of approximately KRW 1,00,000,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (non-reported accommodation);

1. Each statement of E and D;

1. Application of Acts and subordinate statutes on site photographs, details of accommodation reservation, and photographs;

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act and Article 20 of the same Act concerning criminal facts, the choice of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected in the Criminal Procedure Act with regard to the order of provisional payment, taking into account various factors such as the period of the crime, the amount of profit gained from the crime, the circumstances after the crime, etc., and the following factors, the punishment shall be determined as ordered.

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