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(영문) 청주지방법원 영동지원 2015.10.15 2015고정39

국유재산법위반

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

No person shall use or benefit from State property without following procedures and methods prescribed by the State Property Act or other Acts.

1. From July 16, 2014 to October 13, 2014, the Defendant cultivated, used, and profit-making from, bean area of 40 square meters among the land in Chungcheong-gun E, Chungcheongnam-gun, State property, and instead of following the procedures and methods prescribed in the said Act.

2. Around December 2011, the Defendant constructed a house and a warehouse on the said land, and installed a steel fence on the said land between August 201 and June 2014, and packaged concrete.

On October 13, 2014, the Defendant received a demand from the Daejeon-Namnam Environment Preservation Association, a legal institution of the Ministry of Environment, that “as a result of conducting a boundary survey on the above land, the said warehouse was built on the area of two square meters of the above land, and the area of 37 square meters of the above land was packed in concrete, and the steel fence was installed.”

On October 13, 2014, the Defendant did not comply with the procedures and methods prescribed in the above Act and did not follow the said Act to restore the original state to the original state from around June 2015, and used and profit-making a total of 39 square meters of the above land as State property.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of the accused by the prosecution (including F and G statements);

1. The prosecutor's statement concerning H;

1. Current status of occupation and use of the State-owned land, field photographs, and detailed status of occupation of the State-owned land;

1. Two copies of photographs, ordinary building ledgers, etc.;

1. Application of Acts and subordinate statutes to investigation reports (a summary ofF telephone conversations who files an accusation), copies of the register of State property and land register;

1. Article 82 of the State Property Act and Articles 82 and 7 (1) of the same Act concerning the selection of applicable criminal facts and punishment;

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

1. Penalty fine of KRW 1,000,000 to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. Article 59(1) of the Criminal Act of the suspended sentence is the same kind of crime.