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(영문) 서울중앙지방법원 2014.02.11 2013고단6283
공중위생관리법위반등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay a fine, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

The defendant is the representative of C Co., Ltd., a business facility managing entity, who manages and operates part of guest rooms in Gangnam-gu Seoul Metropolitan Government Officetel.

1. Any person who intends to operate a general restaurant business in violation of the Food Sanitation Act shall report it to the competent authorities;

Nevertheless, from the end of December 2012 to the end of August 20, 2013, the Defendant, without reporting to the competent authorities, operated general restaurant business by using approximately 7 stories underground from Dtel to around 5 square meters, such as gas cooking facilities, cooling house, two cooling house, and one repair house, and selling food to guest rooms by receiving meal expenses of KRW 12,00 per time.

Extraordinary 2013 fixed 4826

2. Any person who intends to run a lodging business which is in violation of the Public Health Control Act shall have the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare by type of a public health business and report to the competent authorities;

Nevertheless, the Defendant, without filing a report on accommodation with the competent authorities from the end of December 2012 to the end of August 20, 2013, operated accommodation business for many and unspecified persons with Dtel 150 households.

3. Any person who intends to alter purposes of a building, approved for use in violation of the Building Act, shall obtain permission from, or file a report to, the competent authorities;

Nevertheless, the Defendant changed the purpose of use by using 150 households, which were approved for use as officetels, from the end of December 2012 to August 20, 2013, among officetels, as accommodation facilities, without obtaining permission from the competent authorities.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes concerning hotel-related documents;

1. Relevant criminal facts of the relevant criminal facts: Articles 97(1) and 37(4) of the Food Sanitation Act (Selection of Fine): Articles 20(1)1 and 3(1)3(3) of the Public Health Control Act; Articles 112(3), 108(1), and 19 of the Building Act

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