Defendant shall be punished by a fine of 1.5 million won.

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

Punishment of the crime

The defendant is a person who operates a restaurant by leasing a store located in Gwangjin-gu Seoul Metropolitan Government and the first floor.

Despite the fact that no one can use a parking lot attached to a building for any purpose other than a parking lot, the defendant used a rectangular parking lot of one vehicle (2.3m x 5m) installed in the above store from August 2013 to September 5, 2016 as a warehouse.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, and G;

1. Lease contract;

1. Notice for correction, and building register;

1. A written accusation;

1. The defendant and his defense counsel's assertion and judgment

1. The alleged defendant paid the lessor the rent higher than the market price on the condition that the attached parking lot is used as a warehouse. Since the lessor acquired the benefit therefrom, the person who is liable for the violation of the Parking Act is not the defendant but the lessor.

2. A person who uses the attached parking lot for a purpose other than the parking lot shall be held liable for a crime under Article 29 (1) 2 of the Parking Lot Act, separate from the subject who benefits from such act. Thus, even if the defendant paid the lessor a vehicle higher than the market price on the condition that the attached parking lot is used as a warehouse, according to the defendant's assertion, the defendant shall be held liable for a violation of the Parking Lot Act, and the defendant and his defense counsel's above assertion is without merit.

Application of Statutes

1. Article 29 (1) 2 of the relevant Act and Article 29 (1) 2 of the elective Parking Lot Act, and Article 19-4-1 of the same Act concerning criminal facts, 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;