Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
The defendant is the representative director of the "Agricultural Corporation C" corporation, which is located in the Southern-gun B before he/she aims at breeding, hatching, and original spawn projects necessary for the livestock industry.
No person shall use or benefit from State property without following the procedures and methods prescribed by the State Property Act or other Acts.
Nevertheless, from January 27, 2014 to the present date, the Defendant installed a 4,454m2 of the 1,454m2, a 419m2 (c) agricultural production infrastructure, with an original livestock shed and drainage, etc., a permanent facility, without obtaining permission for the use of the 419m2 of the 4,00m2 (c) agricultural production infrastructure.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the examination of the accused;
1. E statements;
1. Written accusation and photographs of the violation site;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant provisions of the Acts 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. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant asserts that it is unfair to impose a fine on the Defendant, who is only the representative director of an agricultural corporation as owned by C, an original breeding farm in the criminal facts in the judgment. However, the Defendant’s assertion in light of the legal doctrine that, even if a natural person committed a criminal act as an institution, he/she shall be held liable for criminal liability for a criminal act; Provided, That only in cases where the law expressly provides for the achievement of the purpose, a natural person, who is an offender, may be punished by a fine for the corporation to which the legal effect belongs, in addition to the punishment of the offender (see, e.g., Supreme Court Decisions 2013Do1805, Jun. 26, 2014; 2010Do1327, Nov. 11, 2010).