A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her defense right, the facts charged are recognized as criminal facts.

Anyone who intends to run a lodging business shall be equipped with the facilities and equipment prescribed by Acts and subordinate statutes and make a report thereon to the competent authorities.

From January 2019 to July 18, 2019, the Defendant, without reporting to the competent authorities, prepared about 19 guest rooms in Seoul, Gangnam-gu Btel, and posted advertisements to “D,” etc. on the Internet website, etc., to allow an unspecified number of customers to be accommodated in the accommodation business, and received approximately KRW 88,000 as average daily accommodation expenses from the said customers.

Summary of Evidence

1. Defendant's legal statement;

1. E statements and written certifications;

1. On-site photographs;

1. A written accusation;

1. Application of each investigation report (related to field investigation, search, seizure, verification warrant applicable to an account, report on the execution answer data, report on the execution result of a warrant of search, seizure, verification of application of an account), investigation status (based on accommodation brokerage business); and application of Acts and subordinate statutes;

1. Relevant Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the Act on the Selection of Criminal Crime (generality and selection of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] shall be sentenced to imprisonment for one month from one year to one year (whether to apply the sentencing guidelines] is set for a violation of the Public Health Control Act. Therefore, the sentencing guidelines are not applied.

[Determination of Sentence] The crime of this case in the 2-year period of suspended sentence in the 8th month of imprisonment was committed by the Defendant who is pretended to be an entrusted-management type housing rental management business and actually engaged in a lodging business prohibited in principle within an “educational environment relative protection area” under the Educational Environment Protection Act.