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(영문) 의정부지방법원 고양지원 2019.09.27 2019고단2176
공중위생관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Anyone who intends to run a public health business shall be equipped with facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare and report to the head of a Si/Gun/Gu.

Nevertheless, on April 1, 2017, the Defendant, without reporting to the competent authorities, equipped with facilities, such as bed and air conditioners, in Goyang-dong Office Btel C, Goyang-si Btel-si, Goyang-si, with accommodation sites “D,” etc., and had the customers who promised to provide accommodation receive KRW 60,000 to KRW 88,00 per day, and had them be accommodated in the said head office. From April 1, 2017 to May 31, 2019, the Defendant engaged in accommodation business by having the customers receive a total of KRW 14,871,820 from the said 8-18 head office to the said head office as described in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Business registration certificate, accommodation status, on-site identification, closure photographs of a reservation site of a lodging establishment, data on the report of value-added tax, total sales, officetels monthly rent contracts, and details of reservation of guests;

1. Application of Acts and subordinate statutes to the investigation report (the timely report);

1. Relevant Article 20 (1) 1 of the Public Health Control Act and the former part of Article 3 (1) of the Act on the Selection of Criminal Facts (generally and by selecting imprisonment with prison labor);

1. Although the period of running a lodging business without reporting the reason for sentencing under Article 62(1) of the Criminal Act does not have a large amount of sales, considering favorable circumstances, such as the recognition of the instant crime and the fact that there is no record of being punished beyond the fine for the same kind of crime, and the fact that there is no record of being punished beyond the fine for the same kind of crime, the sentence shall be determined as ordered by taking into account the following circumstances: the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime.

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