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(영문) 수원지방법원 성남지원 2016.11.03 2016고단2484
옥외광고물등관리법위반
Text

1. Defendant A and C

A. The Defendants shall be punished by a fine of KRW 10,000,000.

B. The above fines are imposed on the Defendants.

Reasons

Punishment of the crime

No person shall display or install any advertisement, etc. in an area, place or object prescribed by Presidential Decree in order to preserve scenic landscapes and public morals, prevent harm to the general public, and create a healthy and pleasant living environment among areas, places or objects referred to in the subparagraphs of Article 3 (1) of the Outdoor Advertisements, etc. Control Act.

Nevertheless, Defendant A, the head of the F Team, entered into a contract with Defendant B, the head of the headquarters of G Co., Ltd., to post a banner for advertising the sale of H apartment units. When regulating illegal advertisements, Defendant D, the representative director of the F Co., Ltd., who is responsible for the payment of fines, obtained final approval from Defendant D, the above F Co., Ltd., and Defendant C, the representative director of the said G, who is the above G. On December 26, 2015, Defendant A installed a banner of the phrase “I” on the street of the bus stop located in the front of the 1147 East-gu Seoul Special Metropolitan City, Sungnam-gu, Seoul Special Metropolitan City, from that time until February 28, 2016.

As a result, the Defendants conspired to install advertisements in an area, place, or object where the attachment of advertisements is prohibited.

Summary of Evidence

1. Defendant's legal statement;

1. A written petition, request for investigation, telephone number of banner, each photograph, photograph, telephone number storage CD, copy of business registration certificate, each banner production contract, and each certificate of registered matters; and

1. Each internal investigation report and the application of the Acts and subordinate statutes governing the investigation report;

1. The Defendants of relevant criminal facts: Articles 18 (1) 3 and 4 (1) of the Outdoor Advertisements, etc. Control Act (Law No. 12844), Article 30 of the Criminal Act

1. Selection of punishment;

A. Defendant A and C: Fine for negligence

B. Defendant B and D: Imprisonment option

1. Defendant B and D: Article 62 (1) of the Criminal Act;

1. Defendant B and D of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A and C in the custody of a workhouse;

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