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(영문) 부산지방법원 서부지원 2019.02.22 2018고단2283
국유재산법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A defendant is unable to use or take profits from state property without following the procedures and methods prescribed by Acts; however, he/she may not use or take profits from state property.

2. From April 2 to September 10, 2018, from among the state property managed by the Korea Rail Network Authority, 45.12 square meters of land B in Busan Seo-gu, Busan, which is a state property managed by the Korea Rail Network Authority, was occupied without permission, and used and profited from the use of warehouses

Summary of Evidence

1. Defendant's legal statement;

1. The application of the ledger of land on state property or land, the map of illegal possession land, the satellite map of illegal possession land, and the application of statutes on site

1. Article 82 of the State Property Act and Articles 82 and 7 (1) of the same Act concerning the preparation of applicable laws and punishment.

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the Defendant recognized the instant crime and divided the Defendant’s mistake in depth; (b) the Defendant completed voluntary removal on January 21, 2019; (c) the Korea Rail Network Authority does not want the Defendant’s punishment; (d) the State-owned land has no criminal record for the same kind; and (e) the scale and period of use of the State-owned land used without permission; and (e) all the sentencing conditions specified in the instant records and arguments,

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