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(영문) 수원지방법원 안양지원 2017.01.19 2016고정620
공유재산및물품관리법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

No person shall use or benefit from public property without following the procedures and methods prescribed by the Public Property and Commodity Management Act.

On September 1, 2009, the Defendant leased subparagraph 202 C of the E commercial building in Mapo-si, a public property owned by Mapo-si and entrusted by Mapo-si, the Defendant: (a) from July 11, 2011 to July 10, 2015; (b) from July 10, 201, the lease deposit amount: (c) KRW 50 million; and (d) the lease contract was terminated around July 10, 2015; (b) however, the lease contract was terminated; (c) from October 5, 2015 to January 5, 2016, the Defendant occupied the said subparagraph 202 and operated the F restaurant.

As a result, the defendant did not follow the procedures and methods prescribed in the Public Property and Commodity Management Act and used and profit from public property.

Summary of Evidence

1. Partial statement of the defendant;

1. A written accusation;

1. A contract to amend the lease agreement;

1. The final agreement on the implementation of private investment projects;

1. Application of Acts and subordinate statutes to each ledger for public property management;

1. Relevant legal provisions and Articles 99 and 6 (1) of the Public Property and Commodity Management Act concerning criminal facts, the selection of fines (such as the fact that the defendant is the primary offender, and the fact that the military Si wishes to find the defendant's wife against the defendant, etc.);

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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;

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