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(영문) 부산지방법원 동부지원 2017.09.20 2017고단1560
공유재산및물품관리법위반
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

From May 10, 2012 to the date of May 10, 2012, the Defendant is a representative director of the B stock company.

When any person intends to use C, which is administrative property owned by the Busan Metropolitan City, he/she shall obtain permission from the head of the Busan Metropolitan Sports Facilities Management Office.

Nevertheless, the Defendant, without obtaining permission for the use of a warden of the sports facility management business in Busan City from January 1, 2016 to December 31, 2016, voluntarily used the ancillary facilities 2-2, 2-3, 2-4, 2-5, 2-6 (total area of 347.04 square meters), 3-4, 3-5 (total area of 91.62 square meters) as B’s office.

Accordingly, the defendant did not follow the procedures and methods prescribed in the laws and regulations and used the administrative property owned by the Busan Metropolitan City illegally.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the internal investigation report (Attachment of data related to the unauthorized Use of C Facilities), list of occupants without permission, report on internal investigation (Attachment of additional data by the C Unauthorized User), report on internal investigation (Attachment of Additional Data by the C Unauthorized User), records of arrears and receipt, such as vehicle photographs, changes in administrative property monetary rewards, service status of notice and notice of changes in advance, service status of notice and notice of changes in administrative property rewards, report on internal investigation (Attachment of the revised details of the C Unauthorized Use of Administrative Property to the data submitted on February 14, 17), status of unauthorized Possession (Attachment of the revised details of the C Unauthorized Use of Administrative Property as of February

1. Article applicable to the facts constituting a crime, and Articles 99 and 6 (1) of the Public Property and Commodity Management Act that choose to provide for punishment;

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

1. The crime of this case on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an unfavorable circumstance, such as that the crime of this case occupied and occupied a considerable area of public property without permission, and the liability for the crime is not less and the defendant has a same criminal record.

However, the fact that the defendant recognizes the facts charged and seriously reflects on it.

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