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(영문) 수원지방법원 안양지원 2017.02.10 2016고단1144
공유재산및물품관리법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

No person shall use or benefit from public property without following the procedures and methods prescribed by the Public Property and Commodity Management Act.

On September 1, 2009, the Defendant: (a) leased 102, the store building D in Gunpo-si, which is a public property owned by the Gunpo-si entrusted by C around September 1, 2009, under the condition that “70,000,000 won for rent, monthly 3,793,50 won for rent” during six years from September 1, 2009 to August 30, 2015; (b) the lease contract was terminated around August 30, 2015; (c) but (d) operated convenience points by occupying the said 102 without permission from October 5, 2015 to May 5, 2016.

Accordingly, the defendant did not follow the procedure and method set by the law, and used and profit from public property.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. Application of statutes to a commercial lease agreement, or a final agreement on the implementation of private investment projects for the construction and operation of D buildings;

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 for the last ten years, and the defendant delivered the convenience points of this case to the Mapopo-si on December 31, 2016, and the Mapo-si sought the preference of the defendant.

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