The sentence against the accused shall be determined by a fine of one million won.

If the defendant does not pay the above fine, 100,000.

Punishment of the crime

The Defendant is a person operating a lodging business in Seo-gu, Seo-gu, Gwangju, with the trade name of DMoel, and the person who intends to conduct a public health business is equipped with the facilities prescribed by Ordinance of the Ministry of Health and Welfare for each type of business and reported to the competent authority. However, the Defendant run a public health business in the above Moel without reporting to the competent authority from October 2013 to December 19, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E and F’s statement [the defendant has managed the above cartels by means of G's request, and he did not run the business at the above cartels. Thus, he asserts that his failure to file a report is not a violation of the Public Health Control Act. The obligation to report the public health business is granted to the person who intends to run the public health business. Here, the term "person who runs the business" refers to the person who becomes the subject of the right and duty due to the business (see, e.g., Supreme Court Decision 2008Do89, Mar. 27, 2008). According to the above evidence, the defendant is recognized as the subject of the obligation to report the above cartels by dividing the amount of monthly rent, electricity rent, etc. among profits from the operation of the above cartels into G and half of profits, and the defendant can be recognized as the subject of the obligation to report the above cartels under the Public Health Control Act.

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 Punishment for Criminal Facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act, which provides for an order of provisional payment.