The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.

2. The judgment does not seem to have taken profit from all the revenues earned by the Defendant through the instant crime.

The Defendant appears not only to cooperate with the investigation but also to repent of his mistake by recognizing the crime of this case.

At present, the defendant seems not to engage in a non-reported accommodation business, and in the future, the defendant does not commit the same kind of crime again.

Defendant has family members to be supported.

However, the Defendant, from December 20, 2017 to October 31, 2018, operated a non-reported accommodation business using five books officetels, and considering the fact that the income generated therefrom reaches about KRW 100 million, the Defendant’s liability for the crime is not light.

The crime of this case seems not to be one-time crime due to the site of the relevant statutes.

The defendant has been sentenced to a fine twice, and one of them is the same criminal records as the crime of this case.

In order to prevent the criminal defendant from repeating the same crime in the future, it is necessary to deprive him of economic benefits.

In addition, in full view of the defendant's age, career, character and conduct, environment, family relationship, social relationship, motive and circumstance of the crime, method and result of the crime, etc., it is deemed that the sentence imposed by the court below is somewhat unreasonable.

Therefore, the prosecutor's above assertion is justified.

3. The appeal by the prosecutor of the conclusion is with merit, and the judgment of the court below is reversed, and it is again decided as follows.

【Grounds for the Judgment of the court below which is written] The facts constituting a crime and the summary of evidence recognized by the court below and the summary of evidence are the same as the corresponding column of the judgment of the court below, thereby citing them as they are.

Application of Statutes

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