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(영문) 대전지방법원 2018.04.27 2017고정1196
국유재산법위반
Text

Defendant shall be punished by a fine of KRW 300,000.

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.

Notwithstanding that the Defendant received permission for use and profit-making or for profit-making on or around February 16, 2006 and received an order for cancellation of permission for use and profit-making or restoration from around September 6, 2016 to around May 28, 2017, according to the business trip and review report and related data (Evidence Record 45-47 pages) and witness D’s testimony (Attachment 5-6 pages), among the 216С in the facts charged, the remainder of 200С in the face of the Defendant’s factory site was planted on the slope, because the Defendant already planted trees prior to the Defendant’s use and profit-making or profit-making, it is not subject to restoration from around October 31, 2016 to May 28, 2017.

Even if it is reasonable to view that the above part is not subject to restoration to its original state because it is necessary to maintain it in order to prevent collapse of the slope surface, etc. (Evidence No. 46 pages, D Recording No. 10 pages). Therefore, it is difficult to view that the defendant used the above part without permission and made profits therefrom.

However, since it is deemed that the identity of the facts charged is recognized and there is no possibility of causing substantial disadvantage to the defendant's exercise of his/her right to defense, the facts charged shall be changed to 16 square meters and recognized

In this respect, the government installed a steel fence and planted trees, and used and benefiting from the state property without permission.

Summary of Evidence

1. Partial statement of the defendant (as at the third public trial date);

1. Entry of the defendant in part in the first trial record;

1. Partial statement of the witness D;

1. Each statement of the witness E and F in the second public trial records;

1. The text of the order of restoration to the original state, such as unlawful status and related data, temporary buildings and fences in state property, and state property;

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