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(영문) 서울남부지방법원 2018.02.02 2017고정928
주차장법위반
Text

Defendant

A school juristic person shall be punished by a fine of one million won.

Defendant

It shall be reasonable to impose the above fines on the school juristic person B.

Reasons

The owners of facilities or persons responsible for the management of the attached parking lot shall maintain the original functions of the attached parking lot so that users of the relevant facilities may not interfere with the use of the attached parking lot.

Nevertheless, from September 5, 2016 to March 2, 2017, D, the president of the Defendant, with respect to the Defendant’s business, did not maintain the original function of the attached parking lot by having the lessee F, who is operating a marina on the 7th floor area of the building on the 1st underground floor (3,638.36 square meters) of Gangseo-gu Seoul Metropolitan Government E-1, which was owned by the Defendant, install a warehouse on the part of the attached parking lot (one parking lot) and having the lessee use it for any purpose other than the parking lot.

Summary of Evidence

1. Statement A by the representative of the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Articles 31, 29 (2) 2, and 19-4 (2) of the relevant Act on Parking Lot for Criminal Offenders;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act (Defendant A) of the Provisional Payment Order

1. The summary of the facts charged in the instant case is the owner of the 7th floor above the 1st underground floor in Gangseo-gu Seoul Metropolitan Government (the total floor area of 3,638.36 square meters).

The defendant is the secretary general of the school juristic person B, who is the person in charge of building owned by the said juristic person.

The owner of a facility or a person responsible for the management of an attached parking lot shall maintain the original function of the attached parking lot so that users of the relevant facility may not interfere with the use of the attached parking lot.

Nevertheless, from September 5, 2016 to March 2017, the Defendant failed to maintain the original function of the attached parking lot by having the lessee F, who operates a marina on the first floor of the above building, install a warehouse on the part (one parking lot) of the attached parking lot, and allowing the lessee F to use it for any purpose other than the parking lot.

2. Paragraph 2 of Article 19-4 of the Parking Lot Act is a facility.

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