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(영문) 수원지방법원 안양지원 2012.09.26 2011고정1019 (1)
국유재산법위반
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 29, 2010, the Defendant was sentenced to a suspended sentence of ten months for the crime of occupational embezzlement in the Suwon District Court’s Ansan Branch, and on August 30, 2011, the said judgment became final and conclusive.

The defendant is the representative director of D Co., Ltd (Establishment for convenience facility business using railroad facilities) located in militaryposi C.

From around 1995 to E (the telegraph of D Co., Ltd.) and the Korean National Railroad jointly occupied and used a total of 6,404m2, such as G On-Road Parking Lots (3,562,3m2) and C-ground steel frame parking lot (2842.3m2) in Gunpo-si, Gunpo-si, Gunpo-si, Gunpo-si, Gunpo-si, in the F Station, and did not obtain permission for use from around 1999, due to delinquency in usage

Nevertheless, from March 8, 2010 to December 2, 2010, the Defendant used and used the sum of 6,404.6 square meters for the parking lot in the above F calendars Dong and Seobro parking lots.

Summary of Evidence

1. Statement made by a witness H in the fourth trial record;

1. The prosecutor's statement concerning H;

1. A written accusation;

1. Documents attached to the written accusation (the investigative records from 6 up to 49 pages);

1. Previous convictions in judgment: Application of investigation reports (Attachment of written judgments), investigation reports (date of confirmation of the final date), Acts and subordinate statutes;

1. Article 82 and Article 7 (1) of the State Property Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) 1 of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In order to determine the issues of Article 334(1) of the Criminal Procedure Act and to manage the F Station and sales facilities and neighborhood living facilities in history, the KN invested 51% of the establishment capital and made a stock company E, a subsidiary company on December 31, 1994 (E changed to D Co., Ltd. on March 29, 2007). The above company used the instant parking lot site with the permission of use and profit-making from state property from the head of the Seoul Regional Railroad Office, who is the permitting authority, and failed to obtain the permission of use from around 1999, because the parking lot site in this case was used with the permission of use and profit-making from state property and was in financial crisis. Nevertheless, the above company was the subsidiary company of the KNN.

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