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(영문) 서울중앙지방법원 2018.03.29 2018고단263
공중위생관리법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

A person who intends to conduct a public sanitary business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of public sanitary business and shall report it to the head of the Si/Gun/Gu.

1. The Defendant did not report to the competent authority, and, from March 18, 2017 to September 19, 2017, the Defendant provided accommodation business with a lodging charge of approximately KRW 60,000 won for foreign tourists, with bedclothes, such as bed, 1106, 1112, and 1509, Jongno-gu Seoul Metropolitan Government Office Officetel 1106, 1112, and 1509.

2. Defendant B

A. The Defendant did not report to the competent authorities on February 4, 2017, and, from January 8, 2018 to January 8, 2018, the Defendant provided accommodation business with approximately KRW 50,00 won of bedclothes 607, 806, 1202, 1409, and 1503 of the Jongno-gu Seoul Metropolitan Government Office’s Cteltel, which was equipped with bedclothess, TV, air conditioners, and electronic bags, for foreign tourists at one accommodation charge.

B. The Defendant did not report to the competent authority, and operated accommodation business from October 21, 2016 to January 4, 2018 in the same manner as the description in paragraph (a) in Jongno-gu Seoul Metropolitan Government Dtel 505 and 509.

(c)

The Defendant did not report to the competent authority, and operated accommodation business from May 2015 to January 4, 2018 in the same manner as the described in paragraph (a) in Seoul Jongno-gu Etel 714.

Summary of Evidence

1. Defendants’ respective legal statements

1. A report on the occurrence of a violation of the public sanitary law;

1. Requesting a non-reported accommodation facility to conduct an investigation (C officetels);

1. Each lease agreement;

1. Application of statutes on site photographs;

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act (Selection of Each fine) of the relevant legal provisions and the selection of punishment for a crime;

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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