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(영문) 광주지방법원 2017.11.07 2017노320
공유재산및물품관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as well as F-Gun, was aware of the E that he leased from F-Gun as general property, was aware of the F-Gun, and publicly announced the above craft museum as general property, and as such, the Defendant did not have any intent to commit an offense against unauthorized use of administrative property.

B. The Defendant, as a government-oriented subsidized project operator, is responsible for managing machinery, etc. installed in E, and constitutes a legitimate act as responding to the demand of the FF military for delivery engaging in the conduct of the project, even though he/she is the same subsidized project operator.

(c)

The sentence of the court below which is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, the following facts can be acknowledged.

1) In 201, FF forces decided to create a Telecommunication complex, and newly built E in South and North D and 22 lots prior to their ownership by around 2005, and submitted a plan for “L pilot project” formulated by the Government around April 201 with respect to “L pilot project.”

2) The Defendant, as the representative of an incorporated association C, was selected as a member of the U project promotion group promoted by the FF group. On May 12, 2010, the FF group, through a competition with the FF group, the purpose of use for E and its site was operated V. The period of use was from May 13, 2010 to May 12, 2013, and the permission for use and profit-making was obtained. On April 23, 2013, the Defendant again obtained the permission for the renewal of use and profit-making from May 12, 2015. The relevant documents were used in the expression “public notice of rental bid”; however, the said document was drafted as “public notice of the permission for use and profit-making” and “application for permission for use.”

3) Meanwhile, the Defendant participated in an entrusted recruitment for craft pipes conducted by FF forces around April 2015, but failed to obtain permission for use and benefit after being disqualified on May 8, 2015, and on May 14, 2015.

6.16. F Gun's request for E delivery following the expiration of the period of permission for use and benefit.

3.2

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