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

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

Punishment of the crime

From around April 5, 2015 to April 5, 2017, the Defendant served as the president of the residents’ representative meeting of the Changwon-si Incheon Metropolitan City apartment complex, and was engaged in the management of mechanical parking facilities in the said commercial building.

The owner of a facility or a person responsible for the management of an attached parking lot shall maintain the original function of the attached parking lot so that users of the relevant facility may not interfere with the use of the attached parking lot.

Nevertheless, the defendant did not maintain the original function so that the residents and users of the above main commercial building may not use the mechanical parking facilities without justifiable grounds, such as locking the entrance of the above mechanical parking facilities with locks and using the equipment, etc. in the storage that keeps the equipment, etc., for the above period of time, and making it impossible for the residents and users to use the mechanical parking facilities in the vehicle direction transition system of the above parking facilities.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Building management ledger;

1. Management rules;

1. Application of statutes on field photographs;

1. Article 29 (2) 2 of the relevant Act and Articles 19-4 and 19-4 (2) of the Act on the Selection of Motor Vehicles for Criminal Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is not responsible for management as an individual, and is responsible for the representative meeting of occupants or the Commercial Building Committee.

2. Article 19-4(2) of the Parking Lot Act provides that “The owner of a facility or a person responsible for the management of an attached parking lot shall maintain the original function of the attached parking lot so that users of the relevant facility may not interfere with the use of the attached parking lot.”

On the other hand, Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings is a member of the sectional ownership when the sectional ownership of the building is established.