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(영문) 울산지방법원 2017.09.15 2017고정606
체육시설의설치ㆍ이용에관한법률위반
Text

Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the president of the "D" physical fitness hall in Ulsan-gu C3, Ulsan-gu, and Defendant B is the general manager of the above physical fitness hall.

Any person who intends to operate a sports facility business shall file a report with the head of a Si/Gun/Gu with the Special Self-Governing Province branch office, as prescribed by Ordinance of the Ministry of Culture and Tourism.

Nevertheless, the Defendants conspired to engage in the sports facility business, such as receiving KRW 360,000 as a registration fee for the six-month registration fee for health care members, from the E on March 7, 2017, and receiving KRW 396,000 as a registration fee for health care members, from the F on March 8, 2017, without reporting the said “D” to the Gu office in Ulsan-gu, the competent Gu office.

Summary of Evidence

1. The Defendants’ respective legal statements 1. E and F each police statement

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The Defendants: Article 38(2)1 and Article 20(1) of the Installation and Utilization of Sports Facilities Act; Article 30 of the Criminal Act ( comprehensively including, but not limited to, the choice of fines) of the said Act;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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