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(영문) 인천지방법원 2017.09.21 2017고정2038

공유재산및물품관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who engages in steel product sales business under the trade name of “D” in Seo-gu Incheon Metropolitan Government C (hereinafter “instant site”).

1. No one shall use or benefit from any administrative property unless he/she complies with the procedures and methods prescribed by Acts;

Nevertheless, the Defendant, without obtaining permission from the head of the Seo-gu Incheon National Office, installed containers for the purpose of the above company’s office on the ground of the instant site, which is administrative property, from February 29, 2016 to early July 2017, and occupied the above site by piling up steel materials, such as sn beam beam and steel plate, and used and profit therefrom.

2. Anyone who intends to build facilities, buildings or structures other than park facilities or store goods in any urban park that violates the Act on Urban Parks, Greenbelts, etc. shall obtain permission for the occupation and use from the competent administrative agency;

Nevertheless, without obtaining permission from the head of Seo-gu Incheon, the Defendant installed a building and stockpiled steel materials on the site of this case, which falls under the city city park ( neighboring park) as described in the above 1. paragraph, without obtaining permission for occupation and use from the head of Seo-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. A E-document;

1. Application of Acts and subordinate statutes to an accusation, on-site photograph, certificate of land use plan, ledger of land (fence), public notice by administrative vicarious execution, each F Park obstacles, the voluntary cooperation order for removal of unauthorized occupied objects in the upper spot and the original state restoration order;

1. Article 99 of the relevant Act and Articles 6 (1) of the Public Property and Commodity Management Act (a point where the public property is used for profit without permission), subparagraph 2 of Article 53 of the Act on Urban Parks, Greenbelts, etc., and Article 24 (1) (a point where an unauthorized urban park is occupied) of the Act on the Management of Urban Parks, Greenbelts, Etc., and the selection of fines, respectively, concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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