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(영문) 부산지방법원 2018.07.11 2018고정797
교육환경보호에관한법률위반
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates cartoon lending business under the trade name of Busan Jin-gu B, Busan, the first floor, and "C".

In order to protect the health, sanitation, safety, learning, and the educational environment of students, any person who intends to lend cartoons for a fee in a relative protection zone and to install a cartoon lending business shall undergo deliberation by the local committee.

Nevertheless, from July 1, 2017 to January 9, 2018, the Defendant engaged in cartoon lending business with facilities, such as the display book site and small wave, located in the relative protection zone (within 200 meters from the school) from around July 1, 2017, without undergoing deliberation by the regional committee, and receiving rent from 300 to 1,000 won per right against unspecified customers.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of detection of business entities violating laws;

1. Application of the GIST Acts and subordinate statutes to educational environment protection zones;

1. Article 16(1) and Article 9 subparag. 28 of the Act on the Protection of Educational Environment Related to Criminal Facts, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition for the reasons more than Article 62(1) of the Criminal Code (a)(the fact that there is no previous conviction or that it is possible to operate a business by filing an application for deliberation immediately after the control).

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