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(영문) 수원지방법원 안양지원 2016.12.13 2016고정689

공유재산및물품관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

No person shall use or benefit from public property without following the procedure provided for in the Public Property and Commodity Management Act.

around June 29, 2009, the Defendant: (a) leased Category B (State) under the condition that “The lease period from September 1, 2009 to August 30, 2015, KRW 70 million, monthly rent of KRW 3,793,500,” which is a public property owned by the Gunpo-si, Militarypo-si that was entrusted with the management and operation by the Gunpo-si; (b) however, the Defendant occupied the said subparagraph 101 without permission from September 1, 2015 to May 2016, and operated the “E” without permission, even if the said contract period had expired.

Accordingly, the defendant did not follow the procedure and method set by the law, and used and profit from public property.

Summary of Evidence

1. Defendant's legal statement;

1. Documents attached to the written accusation (a photograph of unauthorized possession and profit-making photographs);

1. Application of Acts and subordinate statutes to documents attached to a written accusation;

1. Article 99 and Article 6 (1) of the Public Property and Commodity Management Act applicable to criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The defendant and B (State) have not settled lease deposit, and there are reasonable grounds to consider the circumstances leading to the crime of this case that led to the defendant's continuous possession of the property at Gunpo-si. The defendant's mistake is recognized, the defendant's decision of recommending reconciliation to deliver the store of this case at the time of Gunpo-si and the implementation thereof is confirmed in civil litigation between Gunpo-si and Gunpo-si, and the decision of recommending reconciliation to deliver