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(영문) 청주지방법원 제천지원 2019.02.21 2018고정83

국유재산법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A person who intends to use administrative property shall obtain permission for use from the competent authority in accordance with relevant Acts and subordinate statutes, and no person shall use or profit from State property unless he/she complies with the procedures and methods prescribed by relevant

Nevertheless, the Defendant, without obtaining permission from the competent authority on June 13, 1983, constructed a building with earth and brick on the ground B, 1983, which is an administrative property, and used it as a warehouse and health source building from around that time to July 19, 2018.

Accordingly, the Defendant used administrative property without complying with the procedures and methods prescribed in the relevant statutes.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Written statements of D;

1. A screen of investigation reports (whether administrative property exists), and printing out of the website of the State property portal;

1. All on-site photographs;

1. A copy of the ordinary building ledger;

1. A copy of the notice of an order to restore to the original state for illegal acts;

1. Results of the cadastral status survey;

1. The defendant and his defense counsel asserted that since the defendant approved the use of the above land B, which was built in 000 city B, which was an administrative property, by the defendant, of the soil brick building owned by the defendant and accepted the report of the health source business that the defendant intends to run in the building, the defendant's use of the above land was erroneous as not constituting a crime under the law, and there is a justifiable reason for such misunderstanding.

In general, the misunderstanding of misunderstanding that one's act under Article 16 of the Criminal Act does not constitute a crime under Acts and subordinate statutes shall not be punishable only when there are justifiable grounds for misunderstanding. However, in a case where one's own special circumstances, it is recognized that it does not constitute a crime that is permitted by Acts and subordinate statutes, and there are justifiable grounds for misunderstanding of misunderstanding.

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