공유재산및물품관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, despite the expiration of the period of the public parking lot entrustment management contract entered into on March 16, 201 (1 year from March 17, 2010 to March 16, 201) entered into with respect to the public parking lot, which is the public property (administrative property) in Busan Metropolitan City, the defendant and the head of the Busan Metropolitan City Shipping Department found the defendant guilty of using the above public parking lot from March 17, 201 to March 21, 2011 without permission, despite the fact that the defendant refused to return the above public parking lot, the court below found the defendant guilty of using the above public parking lot from March 17, 2011 to March 21, 2011. The judgment of the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged is C: (a) the trustee to operate the public parking lot in Busan Shipping Daegu D from March 17, 2010 to March 16, 201; and (b) the Defendant is the actual manager of the above public parking lot.
No person shall use or benefit from public property without following the procedures and methods prescribed by public property and Commodity Management Act or other Acts.
Nevertheless, the Defendant conspired with C to manage the above public parking lot from March 17, 2011 to March 21, 2011, and C to continue to operate the D public parking lot, which is the public property (administrative property) of the Busan Metropolitan City Maritime Daegu Office, and the Defendant used it without permission while managing the above public parking lot.
B. (1) The lower court acquitted the aforementioned facts charged on the following grounds.
(2) Although the contract period for the public parking lot as stated in the facts charged expires on March 16, 201, the defendant used and used the above public parking lot from March 17, 201 to March 21, 201 does not dispute the defendant.
However, according to the records, the records are examined.