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(영문) 수원지방법원 안양지원 2017.01.19 2016고단1145

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 shall use or benefit from public property without following the procedure provided for in the Public Property and Commodity Management Act.

around July 11, 2011, the Defendant: (a) leased five units, including (b) 104, 105, 106, 107, and 204 of the Gunpo-si Dapo-si Dapo-si Dapo-si Dapo-si, a public property owned by the Gunpo-si; (c) around October 3, 201, under the condition that “The lease deposit is KRW 250 million; and (d) monthly rent is KRW 5 million; (c) the lease contract is terminated on October 3, 2015; (d) but from October 5, 2015 to May 5, 2016, the Defendant occupied the said units without permission while operating the said units.”

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. Statement by the defendant in court;

1. Police e-mail protocol against C;

1. A statement prepared by the F;

1. Accusation against the violation of the "Public Property and Commodity Management Act" under the D commercial building;

1. A copy of the final agreement on the execution of DNA construction and operation of private investment projects;

1. A copy of the lease agreement of a D shop, a copy of the lease agreement of a D shop (i.e., July 9, 2015), or a copy of the lease agreement of a D shop;

1. Evidential materials concerning cases violating the Public Property and Commodity Management Act;

1. Application of Acts and subordinate statutes on field photographs of school experience centers;

1. Relevant legal provisions and Articles 99 and 6(1) of the Public Property and Commodity Management Act concerning criminal facts, the choice of fines (including the fact that the defendant has mistakenly recognized the defendant, the fact that the defendant has no same criminal record as the defendant, the circumstances leading the defendant to commit the crime in this case, etc.);

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;