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(영문) 서울행정법원 2018.06.20 2017구단81758
영업정지처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. From April 2009, the Plaintiff has been operating a mutual accommodation of “C” in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant accommodation establishment”).

B. On December 15, 2017, the Defendant rendered a disposition of business suspension for 45 days (hereinafter “instant disposition”) on the ground that, around 17:30 on May 15, 2017, the Plaintiff arranged sexual traffic between the Plaintiff and the 40-party female, in the instant accommodation room 201 room of the instant accommodation.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 5, Eul's 1 through 8, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was based on the Plaintiff’s false statement made by D for the purpose of reciting the Plaintiff, and E, an operator of the instant lodging establishment, did not constitute an act of arranging sexual traffic to D.

Therefore, the instant disposition is unlawful.

B. Determination 1) The following facts were either in dispute between the parties, or in relation to Gap evidence Nos. 4, 5, 9, and Eul evidence Nos. 1 and 8 (including each number), and in relation to witness F and G testimony, the entire purport of the pleadings may be considered. (A) D were administered to the instant accommodation around May 15, 2017 through around 17:00.

D around the same day, at the same time, if you do not know KRW 500,000 to E, you would report to E as a brokerage for commercial sex acts, and in fact reported E to the police while communicating with E. F.

D under the police investigation, prepare a written statement concerning this case, the main purpose of which is as follows.

Before entering the instant accommodation facility 201, the “Arman Syman” asked “Arman Syman,” and tried to 30,000 won, while waiting for the entry, the female has been infinite, and the female was infinite and talked on the wind that the female would have finite.

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