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(영문) 서울서부지방법원 2018.06.20 2018고정298
공중위생관리법위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

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

Nevertheless, from early April 2017 to November 2017, the Defendant, without reporting, etc. to the head of the competent Gu, provided foreign tourists who gather through the Internet accommodation reservation site with accommodation charges of KRW 50,000 to KRW 60,000 per day, and provided accommodation services in the said room without reporting, etc. to the head of the competent Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Report on detection (violation of the Public Sanitation Control Act) and application of Acts and subordinate statutes governing field photographs of control area;

1. Article 20 (1) 1 and Article 3 (1) of the relevant Act concerning criminal facts;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant's assertion is not accepted as it is not in violation of the Constitution since an officetel is not a facility suitable for the accommodation business, and the report on accommodation business is not allowed.)

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