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(영문) 광주지방법원 순천지원 2019.05.02 2019고단172
공유재산및물품관리법위반
Text

Defendant shall be punished by a fine of five 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 unless he/she complies with procedures and methods prescribed by public property and commodity management or other Acts.

Nevertheless, the Defendant, as the president of B, installed and operated a prosperity committee restaurant, etc. with a size equivalent to 150 square meters on the said site without obtaining permission for the use from the female water viewing, from November 23, 2018 to December 6, 2018, the Defendant used and profit from the public property by installing and operating the prosperity committee restaurant, etc. on the said site.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. An order to reinstate a business trip report, a management ledger of public property, or an unauthorized occupation and use of public property;

1. A written accusation;

1. Application of Acts and subordinate statutes to investigation reports (suspect telephone investigations: Whether to use or benefit from suspect telephones);

1. Relevant legal provisions concerning criminal facts, Articles 99 and 6(1) of the Public Property and Commodity Management Act, the selection of fines (including the fact that the defendant is generally against the defendant, the same criminal record does not exist, the fact that the period for using the public property without permission does not change, and the fact that it appears not to have used without permission for personal interest, etc.)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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