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(영문) 대전지방법원 2017.11.21 2017고정577
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

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

Nevertheless, from September 9, 2016 to February 7, 2017, the Defendant, a State-owned property located in the territory of Daegu C, was using the second floor of the 2nd floor (280 square meters in size) of the military welfare center E, the military welfare center, a concrete brick studs of steel bars, as State-owned property located in the territory of Daegu, without restoring the original state-owned property to its original state-owned property, even after the period of permission expires from September 9, 2013 to September 8, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. 내용 증명, 스낵바 및 클럽하우스 운영관련 통보에 대한 회신

1. On-site photographs;

1. Application of Acts and subordinate statutes to the screen by capturing the State property management;

1. Relevant legal provisions concerning facts constituting an offense and Articles 82 and 7 (1) of the State Property Act that choose a punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. An assertion that it is not administrative property;

A. The KONNEX stated in the facts charged of the instant case (hereinafter “instant store”) is not administrative property, and thus, the Defendant did not return it.

Even if the violation of the State Property Act is not established, it is not established.

B. According to evidence 1), the store of this case is located in part of the second floor of the building of the military center located in D where the entry of the civilian is prohibited, and is indicated as military installations or administrative property even in the relevant public record, such as a certificate of all the registered matters (building). The building of this case is a sports center and a mental education center, etc. next to the building of this case. The building of this case is a building constructed for the physical training of military personnel and civilian employees, improvement of business efficiency and welfare, and F, the defendant's representative, from the head of the ordinary facility.

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