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(영문) 부산지방법원 2017.11.29 2017고정1925
옥외광고물등의관리와옥외광고산업진흥에관한법률위반
Text

Defendants shall be punished by a fine of KRW 1,000,000.

Defendant

A, B, and C fail to pay the above fine.

Reasons

Punishment of the crime

Defendant

C is a person who serves as the representative director of D, and the defendant D is a company that owns F Buses and is engaged in advertising agency business. The defendant A and B are drivers of each advertising vehicle.

Any person who intends to display or install advertisements or billboards prescribed by Presidential Decree on the means of transportation shall obtain permission from or report to the head of a Si/Gun/Gu having jurisdiction over the Special Self-Governing Province as prescribed by Presidential Decree.

1. On December 30, 2016, the Defendant displayed an outdoor advertisement by attaching and operating the I apartment sales advertisement to the vehicle, the left-hand side of the passenger vehicle, the right-hand side, and the back glass window, etc. of the G 45, G, the Defendant owned by the Defendant, without obtaining permission from the competent authority, on the adjacent road along the 291 Manduk-gu, Busan, Busan, with a view to displaying the outdoor advertisement by operating without obtaining permission from the competent authority.

2. Defendant C and B conspired with each other to display an outdoor advertisement on the left-hand side, right-hand, back-side glass window, etc. of the passenger vehicle owned by DF 45 passenger vehicles owned by the Co., Ltd. without obtaining permission from the competent authorities at the time and place specified in paragraph (1) and displayed an outdoor advertisement by Defendant B by attaching the I apartment sales advertisement executed by the Plaintiff A and operating the Defendant B.

3. Defendant D Co., Ltd. committed the above act of violation in relation to the business of Defendant C, the representative director of the Defendant, at the time and place specified in paragraph (2).

Summary of Evidence

1. Each legal statement of the defendant A, C, and D

1. The defendant B's partial statement

1. Each police investigation report (in the case of outdoor advertising materials, etc., the next inquiry);

1. Defendant B and his defense counsel asserted that the Defendant is not the subject of the offense of violating the Act on the Management of Outdoor Advertising Products and Promotion of Outdoor Advertisement Industry, but according to each of the evidence in its holding, Defendant B is not the subject of the offense of violating the Act.

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