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(영문) 대전지방법원 2015.05.21 2015고단255
옥외광고물등관리법위반
Text

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

Defendant

B If the above fine is not paid, 100,000.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of real estate sales agency business, etc., and Defendant B is a vice head of the above corporation and is an employee in charge of the sales agency business of Daejeon D Apartment.

1. No advertisement, etc. shall be displayed or installed in utility poles, streetlight poles, street trees, etc. which are objects prescribed by Presidential Decree in order to preserve scenic landscapes and urban environments;

Nevertheless, from May 2014 to October 29, 2014, the Defendant installed a banner to advertise the sale of real estate on the street, etc. installed in the vicinity of the Daejeon Pungdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, such as setting up a banner on real estate under special conditions, and

2. The above violation was committed by B, who is an employee of the defendant corporation, at the same time and place as the above paragraph (1) of the defendant corporation.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each written accusation and each written confirmation;

1. On-site photographs of illegal advertisements;

1. Application of Acts and subordinate statutes of the investigative report (No. 12 list of evidence);

1. Relevant legal provisions concerning criminal facts and Defendant B who has selected punishment: The defendant corporation under Articles 18 (1) 3 and 4 (1) of the Outdoor Advertisements, etc. Control Act (elective of fines): Articles 19, 18 (1) 3 and 4 (1) of the Outdoor Advertisements, etc. Control Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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