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(영문) 부산지방법원 동부지원 2017.04.20 2016고정1142
공유재산및물품관리법위반
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who resides in No. 1502 of the building A of Yangcheon-gu Seoul Metropolitan Government, and the owner of the Busan Metropolitan Water Leisure Organization C(D).

No person shall use or benefit from public property unless he/she complies with the procedures and methods prescribed by this Act or other Acts.

Nevertheless, from June 17, 201 to May 9, 2016, the Defendant used the public property without permission from the head of the Busan City Sports Facilities Management Office, while mooring the water leisure craft C (19 tons) on the sea mooring ground in the yacht stadium, a public property located in the 84-ro (e.g., the west) of Busan Maritime Transportation Daegu Maritime Authority, which is a public property.

Summary of Evidence

1. Copies of the police statements made to E and F;

1. Application of Acts and subordinate statutes to a copy of a written accusation, a copy of the details of accusation, and a report on investigation (specific period of unauthorized use of ships and public property);

1. Relevant legal provisions and Articles 99 and 6(1) of the former Public Property and Commodity Management Act (amended by Act No. 14186, May 29, 2016) on criminal facts (generally, selection of fines)

1. Articles 70 and 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;

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