201Nois 1313 Violation of the Tourism Promotion Act

A person shall be appointed.

Kim Jong-soo (Lawsuits) and Kim Jong-Un (Trial)

Attorney Kim Jae-young (Korean National Assembly Line)

September 27, 2012

Defendant shall be punished by a fine of KRW 2,00,00.

When the defendant does not pay the above fine, the defendant converted the amount of 50,000 won into one day.

shall be confined in a workhouse.

Facts of crime

The defendant is a person who operates "B" Internet travelcar (htp: / / cafe. drum. Nt/**).

The Defendant operated the above tour during the period from April 1, 2010 to December 2, 201 of the same year without being registered as the travel agency in Ulsan Metropolitan City, without being registered as the travel agency in the same year. From October 15 to October 16, 10 of the same year, the Defendant arranged for an unspecified number of unspecified persons to travel in the mountain and mountain and mountain and mountain and mountain and mountain and mountain and mountain and mountain and in the same manner nine times as indicated in the attached list of crimes by November 21 of the same year.

The travel business was arranged and operated.

Summary of Evidence

1. The defendant's partial statement in court;

1. Each legal statement of C and D

1. Protocol of police statement concerning C;

1. A copy of a written accusation, data on Internet travelcar page, and partial petition;

Application of Statutes

1. Relevant Articles of criminal facts;

Article 82 subparagraph 1 of the Tourism Promotion Act, Article 4 (1) of the same Act, the selection of fines

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. The defendant and his defense counsel claim to the effect that the defendant was active as the chairperson of the Internet car page and mountain conference as stated in the judgment of the same club, and that the defendant was not for profit-making purposes.

In light of the provisions on tourism business under Article 2 of the Tourism Promotion Act, tourism business operators, definition of travel business under Article 3 (1) 1 of the same Act, their grammatic meaning, tourism business that can be taken as the mother of the Tourism Promotion Act (Law No. 2878 of Dec. 31, 1975), Article 2 (2) of the Tourism Business Act (Act No. 2878 of Dec. 31, 1975) provides that "business engaging in the following activities after receiving the fees," and if it is not considered that commerciality is not necessary, the sight leading the non-profit activities of the travel club is also continuing and repeatedly arranging the travel, and thus, registration under the Tourism Promotion Act is required in principle, and it is unreasonable to interpret this case as requiring profit-making.

However, the purpose of profit-making is to obtain economic benefits, and according to the evidence of the macroscopic, in the case of the defendant who operates the mountain association with more than a certain number of persons, it can be seen that the defendant's act has profit-making. In this regard, the defendant's act has profit-making.

Therefore, this part of the argument by the defendant and his defense counsel is rejected.

2. In addition, the defendant and his defense counsel asserted that the defendant received documents or travel expenses necessary for a travel contract from a recruited traveler and sent them to the travel agency as they are, and thus, they do not engage in a business of operating such as arranging the travel. However, even if a traveler and a transportation facility operator do not directly arrange the use of such facilities, even if they do not directly arrange the use of such facilities, they are advertised in the above Internet camera or daily information page so that many and unspecified persons can be seen as being allowed, and if they indirectly act as a broker through the travel agency, they can be seen as arranging the travel.

Therefore, we cannot accept this part of the argument of the defendant and his defense counsel.

For the remaining judge

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