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(영문) 인천지방법원 2021.02.08 2020고정2165
체육시설의설치ㆍ이용에관한법률위반
Text

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

Any person who intends to operate a sports facility business, such as a physical training hall business, shall prepare facilities meeting the standards for facilities determined by the competent authority and report to the competent authority.

Nevertheless, on January 2016, the Defendant opened a physical training hall with the trade name of “C” from the 111th floor of Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, without reporting to the competent authorities, and operated the above physical training hall until April 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a letter requesting an accusation, letter of request for on-site inspection by a person in charge, and letter of request for inspection;

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 Sports Facilities for the Selection of 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 concerning the order of provisional payment;

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