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(영문) 수원지방법원 안양지원 2017.02.10 2016고정716
공유재산및물품관리법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No person who operates a general restaurant under the trade name of "D" in subparagraph 201 of the Dapo-si, Militarypo-si, No one shall use or benefit from public property unless he/she complies with the procedures and methods prescribed by the Act.

However, on October 8, 2009, the Defendant entered into a lease contract with the Simpo-si Co., Ltd., which is the administrative property for viewing a Gunpo-si in accordance with the last agreement on January 26, 2010, and used it for the purpose of a general restaurant after concluding the lease contract with the Simpo-si Co., Ltd., which is the administrative property for viewing a Gunpo-si 201, under the “final Convention on the Implementation of Public-Private Partnership Projects” which was finally concluded on January 26, 2010, and used it for the purpose of a general restaurant. As the lease term expires as of October 7, 2015, the above 201 commercial building should be nameed, but it did not comply with the request for relocation of the Simpo-si, and used the administrative property owned by the Simpo-si in the above place of residence without permission by continuing the general restaurant business.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A copy of the C commercial lease agreement, and a copy of the final agreement for private investment projects;

1. Application of Acts and subordinate statutes on the site of occupancy of public property;

1. Article applicable to the facts constituting a crime, Articles 99 and 6 (1) of the Public Property and Commodity Management Act, the selection of fines, and the selection of fines;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The reason for sentencing under Article 186(1) of the Criminal Procedure Act - The defendant has no record of criminal punishment, or the decision of recommending reconciliation has become final and conclusive in the relevant civil case (the name of a building) and the defendant delivered the convenience points of this case to the Mapo-si on December 31, 2016.

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