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(영문) 광주지방법원 2014.12.02 2014고정1719
주차장법위반
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 incorporated association C is a corporation established for the purpose of promoting the sound development of tourism business and promoting the rights and interests of members, and is registered as the owner of the third floor building on the ground in Gwangju-gu, and the defendant is a person who holds the office of general manager in the above incorporated association C.

An annexed parking lot shall not be used for any purpose other than parking lots.

Nevertheless, from October 10, 2013 to March 17, 2014, the Defendant used the attached parking lot of the above building for the purpose of warehouse knowing that the attached parking lots of the above building have been covered by assembly-type panels, etc.

Accordingly, the defendant used the attached parking lot for the purpose other than the parking lot.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. A written accusation;

1. Order to correct illegal buildings;

1. The ledger of each ordinary building and all the registered matters;

1. On-site photographs, illegal building photographs, and current status of buildings [the defendant and his defense counsel are not an offender punished by Article 31 (Joint Penal Provisions) of the Parking Lot Act, but did not commit such a violation. However, the defendant's incorporated association C (hereinafter "the Association of this case").

A) The fact that the head of the department has overall control over the management of the attached parking lot is the same as the defendant himself/herself makes a statement (On the other hand, the defendant argues to the purport that he/she is able to exercise overall control over the business of the Association as the Secretary General of the Association of this case is present. However, the "use of the attached parking lot for any purpose other than the parking lot" under Article 29 (1) 2 of the Parking Lot Act includes not only the use of the attached parking lot directly for any purpose other than the parking lot, but also the use by the successor of the responsibility for managing the attached parking lot

(See Supreme Court Decision 2005Do7283 Decided January 26, 2006).

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