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(영문) 수원지방법원 안양지원 2017.02.10 2016고단1354

공유재산및물품관리법위반

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who operates a coffee specialty with the trade name "D" in 103 of the building C in the militaryposi, shall use or benefit from public property unless he/she complies with the procedures and methods prescribed by Acts.

On January 26, 2010, the Defendant leased a store equivalent to the size of 123.57 square meters in the Gunpo-si, the administrative property for viewing a public-private partnership project pursuant to the “final Convention on the Implementation of Public-Private Partnership Projects,” which was concluded on January 26, 2010, from December 24, 2010 to use it for coffee specialty, and used it for coffee specialty for the purpose of coffee specialty. The lease period (five years) expired as of August 6, 2015.

In addition, as the period of entrusted operation (permission for use) between Masterdid Co., Ltd. expires on October 4, 2015 for the above store that the defendant left for, the defendant was requested to move the store from the Gunpoto. However, the defendant did not comply with it, but used the C building 103 store without permission until March 10, 2016, which is the administrative property of Gunpoto.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A copy of the lease agreement and the agreement on the implementation of public-private partnership project;

1. Application of Acts and subordinate statutes on occupancy of public property;

1. Article applicable to the facts constituting a crime, Articles 99 and 6 (1) of the Public Property and Commodity Management Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act - The defendant has no record of criminal punishment, and the defendant delivered the instant store to the Mapo-si on December 31, 2016, and the Mapo-si wanting to find the defendant's wife against the defendant.