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(영문) 서울중앙지방법원 2017.11.09 2017고단6550
공중위생관리법위반
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Any person who intends to operate a lodging business which is a public sanitary business shall have the facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and report it to the competent authorities.

1. The Defendant, without reporting to competent authorities, provided accommodation facilities and equipment, including bedclothes 407, 1009, and 1406, Yongsan-gu Seoul Metropolitan Government, from January 201 to May 6, 2017, with accommodation facilities and equipment, including bedclothes 407, 1009, and 1406, operated accommodation business by providing foreign tourists with accommodation charges equivalent to approximately KRW 70,00 won of daily lodging base, and providing them with the said room.

2. The Defendant, without reporting to the competent authorities, operated accommodation business by providing accommodation charges of approximately KRW 120,00 won for daily lodging base from foreign tourists recruited through the Internet accommodation reservation site (D and E) from December 31, 2016 to April 17, 2017, with accommodation facilities and equipment, including bedclothes 102 and 1110, Jung-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes to each report on detection, on-site photographs, and lodging details;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Act on the Aggravated Punishment, the number of guest rooms without filing a report is relatively small, and the non-reported accommodation continued even after the second crackdown on the same crime. However, there are no criminal records except for the defendant's recognition of the crime and the non-reported accommodation, the fact that the defendant seems to have suspended the non-reported accommodation, the fact that there is no criminal record except for the punishment of a fine of KRW 1.5 million due to the same crime, and the defendant's age, sexual behavior, environment, family relationship.

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