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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
The Defendant is a person who operates a swimming pool with the trade name “C” from around August 2016 to the first floor of Gangdong-gu Seoul Metropolitan Government, Gangdong-gu, and underground.
A person who intends to operate a sports facility business, such as a swimming pool business, shall prepare facilities meeting the standards for facilities prescribed by Ordinance of the Ministry of Information and Communication for cultural sports and report to the head
Nevertheless, the defendant had operated a swimming pool business for the period from August 2, 2016 to June 22, 2017, which was the enforcement date, without reporting the swimming pool business to the head of the Dong-dong.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of the witness D;
1. A protocol concerning the examination of the suspect of the police against the accused (including a written notification of return of the accused on June 21, 2017 attached to the protocol);
1. E-certification;
1. A written accusation;
1. Details of tuition fees and business registration certificate;
1. Application of Acts and subordinate statutes to documentary evidence and photographs;
1. Article 38 (2) 1 and Article 20 (1) of the Installation and Utilization of Sports Facilities Act concerning facts constituting an offense, and Articles 38 (2) 1 and 20 of the Act on the Establishment and Utilization of Alternative Sports Facilities, and Selection of fines;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant asserts that the Defendant’s argument regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act was that not only the Defendant lawfully equipped with a swimming pool facility on July 25, 2016, but also the Defendant’s business was deemed to be non-reported inasmuch as the Defendant’s report was accepted on June 14, 2017 pursuant to Article 20(4) of the Installation and Utilization of Sports Facilities Act.
A person who intends to conduct a reported sports facility business under Article 10 of the Installation and Utilization of Sports Facilities Act shall report to the Mayor of a Special Self-Governing City, the branch office of a Special Self-Governing Province, or the head of a Si/Gun/Gu in the manner of submitting a report in accordance with the prescribed form by the Enforcement Rule of the same Act for each type of sports facility business. Therefore, a report on the sports facility business that fails to install a