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(영문) 인천지방법원 2014.05.30 2014고정1234
옥외광고물등관리법위반
Text

Defendant

A Co., Ltd. shall be punished by a fine of KRW 3,00,000, and a fine of KRW 5,000,000, respectively.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A (formerly, Co., Ltd.) is a corporation established for the purpose of real estate sale agency business, etc., and Defendant B is a representative director of A.

1. No advertisement, etc. shall be displayed or installed in an area, place, or object prescribed by Presidential Decree in order to preserve defendant B scenic landscapes and public morals, prevent harm to the public, and create a healthy and pleasant living environment;

Nevertheless, around January 2, 2013, Defendant B and D, the head of the headquarters of Defendant A, conspired with each other, set up approximately 15 banners on advertisements for sale in lots, which are objects prohibited from installing advertisements, etc., such as advertisements, in a bulletin separation stand, telegrams, street lamps, street lamps, street trees, fences, etc., and up approximately 2,413 placards on the seven-dong-dong-dong-gu, Ulsan Metropolitan City, Seoul Metropolitan City, including the list of crimes, from that time until September 1, 2013.

2. Defendant A Co., Ltd., at the date and place mentioned in paragraph (1), and at the same time and place, Defendant A Co., Ltd., the representative director of Defendant A Co., Ltd., and D, the head of the headquarters, have each installed advertisements as described in paragraph (1) in relation to

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of D or G;

1. Investigation report (a change of any suspect of a juristic person and attachment of certified transcript of register);

1. A written accusation;

1. Application of the business registration certificate (in the face of 25 pages of investigation records) statute;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A stock company: Articles 19, 18 (1) 3, and 4 (1) of the Outdoor Advertisements, etc. Control Act;

(b) Defendant B: Articles 18(1)3 and 4(1) of the Outdoor Advertisements, etc. Control Act, and Article 30 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of detention in a workhouse: Article 70 of the Criminal Act.

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