beta
(영문) 인천지방법원 부천지원 2016.01.18 2015고정1149

옥외광고물등관리법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

Any person who intends to display or install an advertisement on a poster, leaflet, etc. shall report it to the competent authority, and shall not display or install an advertisement, etc. on a utility pole or fence.

Nevertheless, on July 2015, the Defendant posted a leaflet (54cm wide, 78.5cm wide, 78.5cm long) on the wall located in Jeju-si, Jeju-si, without reporting to the competent authority, stating that “the exercise of clothing sales is in progress at the event site of C’s second floor for the period from July 9, 2015 to July 26, 2015.”

In addition, the Defendant posted 24 utility poles and fences, which did not report to the competent authorities, as stated in the list of crimes in the attached list.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the ledger of illegal advertisement pictures;

1. Article 18 (1) 3 and Article 4 (1) of the Outdoor Advertising, etc. Management Act concerning the facts constituting an offense; Article 18 (2) 1 and Article 3 (1) of the Outdoor Advertising, etc. Management Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

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