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선고유예
(영문) 제주지방법원 2015.9.4.선고 2015고정530 판결
관광진흥법위반
Cases

2015 pursuant to the Tourism Promotion Act, 530

Defendant

1. The representative director of the ○○○ (1987) and travel agency;

Reference domicile of China

2. A stock company;

○○○○

Prosecutor

Kim Jong-soo (prosecution) and scarcity (public trial)

Defense Counsel

Attorney Kim Do-hwan (the national election for all the defendants)

Imposition of Judgment

September 4, 2015

Text

Defendant ○○ shall be punished by a fine of KRW 2,500,000.

In a case where Defendant ○○ did not pay the above fine, the period calculated by converting KRW 100,000 into one day.

Defendant shall be confined in a workhouse.

The sentence of punishment against Defendant A shall be suspended.

Defendant ○○ is ordered to pay the amount equivalent to the above fine.

Reasons

Criminal facts

Defendant ○○ is a person operating a travel business, and Defendant A is a corporation established for the purpose of travel business.

A person who intends to operate a travel business shall register with the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu.

1. Defendant’s grandchildren ○

Between October 6, 2014 and October 7, 2014, the Defendant, without registering a travel business with the competent authority, received KRW 637,00,00 in return for guiding six Chinese tourists, such as Li-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-do to mine a tourist destination, including Sungsan-ri-ri-ri-ri-do, and operated a travel business with KRW 41,960,090 in total, as shown in the list of crimes in the attached Table, every 59 times from December 3, 2013 to October 23, 2014.

2. Defendant A corporation

The defendant, who is the representative of the defendant, operated the travel business without registering the travel business to the competent authority, as set forth in the above paragraph (1).

Summary of Evidence

Omission

Application of Statutes

1. Article 82 of the Tourism Promotion Act and the selection of punishment for the crimes: Article 82 of the same Act and Articles 4 (1) of the same Act;

(Defendant ○○), Articles 85, 82 subparag. 1, and 4(1) of the Tourism Promotion Act (Defendant A’s shares)

G) Selection of each fine,

1. Detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (Defendant ○○○);

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act (Defendant's grandchildren ○○);

1. Suspension of sentence: Article 59 (1) of the Criminal Act (the criminal defendant A or the joint penal provisions and the representative;

Considering the fact that Defendant ○○, a director, was punished as above, the degree and duration of the violation;

Suspension of Punishment: Fines 5,000,000

Reasons for sentencing

The punishment shall be determined as ordered in consideration of all the following circumstances:

○ well-known normal circumstances: all criminal facts are recognized and reflected, and they are the first criminal without criminal records;

The fact that the registration procedures for tourism business have been completed normally after prosecution;

○ Unfavorable Conditions: The period of operation without registration is short, and the number of times is not many.

○ Other: The fact that a foreigner appears to have been a criminal due to the site of legal provisions.

The circumstances to be considered in the motive and background of the crime, the circumstances to support the wife and the two children, etc.

Family relations of ○○, a senior student, and settled in Jeju-do as a member of the family relations of ○○, a bereaved student, in Korea and as a member of the marriage.

The circumstances of the status of Defendant Sokh○ who prepared to acquire permanent residency, and the recent Marz disease;

The defendants are considered to have a lot of economic losses due to the sudden reduction of Chinese tourists in Jeju-do.

Circumstances, etc. in which tourism industry is seriously affected;

It is so decided as per Disposition for the above reasons.

Judges

Kim Jong-min

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