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(영문) 서울동부지방법원 2018.01.26 2017고정1712
국유재산법위반등
Text

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

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

Reasons

Punishment of the crime

A. The Defendant violated the State Property Act, Seongdong-gu Seoul Metropolitan Government State Property, without permission from the relevant authorities, occupied the land of 36 square meters, which is State-owned property, without permission, and set up an unauthorized temporary installation (free storage) to sublease it to a third party, and used and profit from State-owned land without permission.

B. In a river located in Seongdong-gu Seoul Metropolitan Government, the Defendant violated the River Act installed a freezing warehouse, a temporary installation, between July 17, 2017 and July 17, 2017, and occupied the said river (10,89 square meters) by installing a freezing warehouse, which is a temporary installation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A list of receipt details and on-site photographs;

1. Application of Acts and subordinate statutes to the vicarious execution of each administrative agency;

1. Article 82, Article 7 (1) of the State Property Act (the occupation and use of State-owned property without permission, the selection of fines), subparagraph 5 of Article 95 of the River Act, and Article 33 (1) 1 of the relevant Act on criminal facts (the occupation and use of government-owned river and the selection of fines);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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