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(영문) 서울중앙지방법원 2016.12.21 2016고정3597
관광진흥법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. The Defendant violating the Tourism Promotion Act is a Korean in the Republic of Korea, residing in the Republic of Korea as a visiting and employment (H-2);

Any person who intends to operate a travel business in the Republic of Korea shall register with the autonomous head of the Gu after having capital, facilities, equipment, etc.

Nevertheless, the Defendant did not make the aforementioned registration between September 30, 2015 and April 30, 2016, and operated a travel business by providing convenience for travel, such as providing convenience by setting up a travel plan for 1 to 2-day, Seoul Special Metropolitan Tourist Site (Glag, Cheongcheon-gu, Love, etc.) with a car for use of the Defendant’s cell phone, making an advertisement that damages the Korea Tourism World by using the Internet site “boo” at the Defendant’s home located in Seocheon-gu, Seocheon-gu, Seocheon-si, and receiving a reservation by using the Defendant’s cell phone, and receiving a reservation from the Defendant, and then operating a travel business by paying a charge of KRW 100,000 per day.

2. No person who violates the Passenger Transport Service Act may provide any motor vehicle that is not a commercial motor vehicle for transportation;

Nevertheless, from February 23, 2016 to April 30, 2016, the Defendant provided private cars to Chinese tourists for commercial transport several times by taking advantage of the CFF vehicle under his/her own name from around February 23, 2016 to the Incheon Airport or Kimpo Airport, and receiving KRW 100,000 per team under the pretext of transportation expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D, E, and F;

1. The police seizure record and the list of seizure;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to on-site photographs and comprehensive details of vehicles;

1. The fact that a private motor vehicle under Article 82 subparagraph 1 of Article 82 of the Tourism Promotion Act, Article 4 (1) of the Act on the Punishment of Criminal Facts, the Selection of Punishment, etc., Article 90 subparagraph 8 of the Passenger Transport Service Act, and Article 81 (1) of the Passenger Transport Service Act is provided for transport with compensation;

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