logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.01 2018고단1557
국유재산법위반
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

No person shall use or benefit from any administrative property among State property without following the procedures and methods prescribed by the State Property Act or other Acts.

Nevertheless, from November 23, 2012 to March 13, 2018, the Defendant occupied and used 4 containers on the part of 743 square meters of land B, land C, and roads, which are administrative property managed by the Ministry of Land, Infrastructure, and Transport, as well as 743 square meters of land, and used and profited from using the Defendant’s vehicle for the purpose of repair facilities (mutual name “D”).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Each investigation report (verification of State-owned land or confirmation of administrative property);

1. Application of Acts and subordinate statutes, such as a written accusation, written statement, original restoration order, location map, field photograph, the current status of the imposition of prize money for the change of State property, a business trip report, and old map;

1. Article 82 of the relevant Act and Articles 82 and 7 (1) of the State Property Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, occupied, without permission, an administrative property that is a State-owned land for a long time, and took economic benefits therefrom.

Since the illegal occupancy was discovered and the trial was completed, the illegal state continues to be maintained until the end of the trial.

The punishment shall be determined as ordered in consideration of the unfavorable circumstances.

arrow