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(영문) 수원지방법원 2018.10.18 2018고정924
국유재산법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No one shall use or benefit from State property without following the procedures and methods prescribed by Acts and subordinate statutes, and illegally occupy or use agricultural production infrastructure without justifiable grounds prescribed by Presidential Decree.

However, from Jun. 17, 201 to Jun. 2015, the Defendant installed a stable to raise a hole on the ditch, which is an agricultural production infrastructure for the interest on State property located in the Young-gu, Young-gu, Young-gu, Gwangju-gu, Seoul, and Yong-gu, and used 86m2 as a stable and its site.

As a result, the defendant used and profit from administrative property in violation of the laws and regulations, and used the agricultural production infrastructure illegally without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements prepared in D;

1. Restoration order:

1. On-site photographs;

1. Land register;

1. Application of Acts and subordinate statutes to investigation reports (verification of agricultural production infrastructure);

1. Article 82, Article 7(1) (a) of the relevant Act on State-owned Property of Agricultural and Fishing Villages; Article 130(3) and Article 18(3)3 of the same Act on State-owned Property of Agricultural and Fishing Villages (a point of using agricultural production infrastructure) concerning criminal facts (a point of using agricultural production infrastructure);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Non-Act of Farming and Fishing Villages, the punishment of which is higher);

1. Selection of an alternative fine for punishment;

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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