logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2017.03.22 2016고정261
국유재산법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall use or benefit from State property without following the procedures and methods prescribed by the State property Act or other Acts.

Nevertheless, the Defendant operated a restaurant from August 2015 to July 20, 2016, and occupied and used the restaurant without obtaining permission from the competent administrative agency, even though part of the said restaurant building was constructed on a 35 square meters away from the above road area, which is the State property adjacent to the above land, by breaking the boundary of the Si-si E (Road).

Accordingly, the defendant used and profit from administrative property without following the procedures and methods prescribed by the State Property Act or other Acts.

Summary of Evidence

1. Statement by the defendant in court;

1. The filing of an accusation, the investigation report (related to submission of documents), the notification of the completion of occupation and use of State property without permission, the second order for restoration of state property without permission from the occupation and use of State property, and the application of the notification of payment of the changed prize

1. Relevant Article of the Acts concerning facts constituting an offense and Articles 82 and 7 (1) of the State Property Act that choose a punishment;

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 for the Order of Provisional Payment [All elements of sentencing, including the fact that the defendant purchased a building without knowing whether the building is harming the road and it appears that it has been occupied and used until now, the fact that the building has been occupied and used, the fact that the assigned changed reward has been paid, and the primary fact that it is a crime];

arrow