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(영문) 의정부지방법원 고양지원 2014.02.18 2013고단1955
공유재산및물품관리법위반
Text

Defendant

A shall be punished by a fine of KRW 5,000,00, and by a fine of KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No person shall use or benefit from any administrative property among public property unless he/she complies with the procedures and methods prescribed by Acts.

1. Defendant A did not obtain permission from the competent authorities for use or profit-making, from November 1, 1998, the Defendant installed a house in the forest and field located in Goyang-gu, Goyang-gu, Yangyang-gu, an administrative property, and used it as a warehouse in the custody of the farming machinery. On April 200, the Defendant transferred the said house to Doin D, but again purchased the said house from the said Do in the price of KRW 18 million, around July 201.

On June 28, 2012, the Defendant entered into a lease agreement with a deposit of KRW 20 million, monthly rent of KRW 400,000,000, and period of lease from July 26, 2012 to July 25, 2014 with respect to the forest land B, the above administrative property was used and profit-making therefrom by having the said B reside in the dwelling house in the above dwelling house from around that time.

2. Around June 28, 2012, Defendant B entered into a lease agreement with a deposit of KRW 20 million, monthly rent of KRW 400,000,000, and the lease period from July 26, 2012 to July 25, 2014 with respect to the above forest, forest, and housing, which are administrative property A and administrative property, etc., and thereafter used and profit from the above administrative property by residing in the above residential housing housing located around that time.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on accusation and public notice;

1. Defendants of relevant legal provisions concerning criminal facts: Articles 99 and 6 (1) of the Public Property and Commodity Management Act (Selection of Fines);

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

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