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(영문) 인천지방법원 부천지원 2019.04.26 2018고정458
주차장법위반
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a sectional owner of the second underground floor of the office building in Bupyeong-gu, Macheon-si B (8th floor in total, and 700 square meters in total, in the area of the underground second floor owned by the defendant).

Since the above B building constitutes a facility that causes parking demand due to the concentration of stores, it is installed and constructed with 512.74 square meters (19 parking spaces), 1640.115 square meters (64 parking spaces), and 1,190.19 square meters (39 parking lots) of underground 4-story parking lots, and the attached parking lot should continue to function as its original function.

Nevertheless, from around March 17, 2018 to May 11, 2018, the Defendant acquired the above 4th floor parking space of the above 4th floor underground parking space (4-5 parking spaces) of the above 4th floor attached parking lot, and acquired the boiler tank water tank equipment, etc. of the above 4th floor underground parking lot. From March 17, 2018 to May 11, 2018, the Defendant occupied and used part of the above 4th floor parking space of the above 4th underground parking lot for the purpose other than the parking lot.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. Complaints, management cards for parking lots attached to buildings, photographs of each boiler, and ground plans;

1. Application of Acts and subordinate statutes, including investigation reports (written transfer of the previous accusation case, list of records, attachment of written opinions), and criminal records ( comprehensively considering the evidence of the court below, it is sufficiently recognized that the defendant acquired and used the boiler water tank equipment, etc. of this case, and used the annexed parking lot for purposes other than the parking lot without legitimate alteration of use, and the relevant space falls under the common area of an aggregate building, and the contractual relationship between the defendant and the owner or the manager is not

1. Article 29 (1) 2 of the Parking Lot Act and Articles 19-4 (1) of the same Act and Article 19-4 (1) of the same Act concerning criminal facts and the selection of fines;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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