공유재산및물품관리법위반
A defendant shall be punished by imprisonment for four months.
However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.
Punishment of the crime
No person shall use or benefit from public property unless he/she complies with procedures and methods prescribed by public property and commodity management or other Acts.
Nevertheless, the Defendant, while constructing and using a building C with permission for use and profit-making of land B in Gwangju-si, which is public property in Gwangju-si. Despite the expiration of the period of permission for use and profit-making of the above land on December 31, 2013, the Defendant occupied, without permission, the above public property from January 1, 2014 to February 6, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. A written statement and the current status of violations, notification of orders, certified copy of land registry, and the list of administrative property;
1. Application of Acts and subordinate statutes to a report on investigation (to hear statements by an accuser);
1. Relevant legal provisions concerning facts constituting an offense, Articles 99 and 6 (1) of the Public Property and Commodity Management Act, and the choice of imprisonment (including a relatively long-term period of using public property without permission)
1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)