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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant’s act of misunderstanding facts does not constitute lodging business.
B. In light of the legal principles, applying the first sentence of Article 20(1)1 and the first sentence of Article 3(1) of the Public Health Control Act to a housing lessor, criminal punishment is in violation of the Constitution as it violates the principle of clarity and equality under the Constitution, and infringes on the fundamental rights of a housing lessor (such as freedom of occupation).
2. Determination
A. Determination of the assertion of misunderstanding of facts refers to an act of providing a customer with services, such as facilities and equipment, which enable him/her to sleep for profit, continuously and repeatedly (see Supreme Court Decision 2013Do7947, Dec. 12, 2013). Determination of whether a lodging business constitutes a lodging business may be based on the following factors: (a) content of facilities and services provided to the user of the relevant facility; (b) method and payment system of usage fees; (c) period for the use of the relevant facilities; (d) whether the user’s independent possession and management authority exists; (e) the subject of the obligation to preserve and manage the relevant facility; (e) the structure of the building; (f) the size of guest rooms; and (f) the type of operation
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, that there is a guide room on the first floor of a business establishment as indicated in the judgment of the court below, that employees work in the above guide room, that employees work in a body string, that in a body string work for guest rooms, through a website, and that there is a provision on the expenses for accommodation per day, additional charges, accommodation cancellation and refund, and the fact that there is a lot of short-term accommodation for one day or two days, and that a bedclothes and a string are kept in the guest room, it is recognized that the defendant conducted accommodation business.
Therefore, the judgment of the court below is just and there is no error of law by mistake.
B. Judgment on the misapprehension of the legal doctrine (1).