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(영문) 춘천지방법원 강릉지원 2013.09.04 2013고정150
공유재산및물품관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

No one shall use or benefit from any administrative property in violation of the procedures and methods prescribed by the Public Property and Commodity Management Act or other Acts, and the head of a local government may permit any administrative property to use or benefit from such property to the extent that such use or benefit does not interfere with its purpose or use, and a person who obtains permission for use or benefit therefrom shall return such administrative property to its original state where the period of permission expires or the permission for use or benefit therefrom is revoked.

One each of the land (miscellaneous land, 62.5 square meters) and buildings (containers, 12.5 square meters) and air conditioners installed in the above stores, which consists of one 1 knife store of D resting places located in C at Sejong at Sejong, shall be the administrative property owned at Sejong-si.

On July 20, 2010, from July 20, to July 19, 2013, Defendant-friendly E submitted a notice of termination of the contract on the ground that it did not yield profits while operating the above store with permission for use and profit-making from the name of the Defendant, which is administrative property, around August 22, 2011, and on August 31, 201, Defendant-friendly E revoked the permission for use and profit-making of the above store E.

As such, the Defendant continued to use and benefit from the store, which is an administrative property, since September 1, 201, even though the permission to use and benefit from the store was revoked.

Summary of Evidence

1. Defendant's legal statement;

1. E prosecutorial statement;

1. Statement made to F and G by the police;

1. A copy of the notification of termination of contract, and application of the three viewing and viewing period industry, and statutes submitted;

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

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

1. The Defendant, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, has paid reasonable fees and operated the instant store at the time of three times.

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