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(영문) 수원지방법원 2020.01.08 2019고단5938
공중위생관리법위반
Text

[Defendant A] The defendant shall be punished by imprisonment for five months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

A is the representative director of Defendant B who is for accommodation, hotel, etc. in accordance with subparagraph 4 of the C Building D at the time of harmony.

1. A person who intends to run a public health business shall have facilities and equipment prescribed by Ordinance of the Ministry of Health and Welfare for each type of the public health business and report thereon to the head of a Si/Gun/Gu

Nevertheless, the Defendant did not report to the competent authority, from March 2012 to June 4, 2019, leased 31 rooms within the above building from 19 to 200, and operated 26 rooms among them as guest rooms, and operated accommodation business by raising sales of KRW 7,646,68,656, and 656 in total by providing accommodation services, including cleaning and food provision services, to many and unspecified persons, with shampers, television, etc. in a bath room.

2. Defendant B Co., Ltd. committed the same offense as that of the Defendant’s business in relation to the Defendant’s business at the same date, time, and place as the foregoing paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on the business day B, such as a report on detection, written confirmation, on-site photograph, Internet homepage photograph, lease contract, business registration certificate, current status of guest rooms, sales status table, and

1. Article 20 (1) 1 and Article 3 (1) of the Public Health Control Act; Article 20 (1) 1 of the same Act; Article 21 of the same Act; Article 20 (1) 1 of the same Act; Article 3 (1) of the same Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act (hereinafter referred to as “contributing circumstances favorable to the following sentencing grounds”);

1. Defendant B Co., Ltd.: The records below the reasons for sentencing under Article 334(1) of the Criminal Procedure Act, including the circumstances of Defendant A, Defendant A’s age, occupation, character and conduct, family relationship, and circumstances before and after the crime.

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