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(영문) 대전지방법원 2014.04.21 2013고단4227
공유재산및물품관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall use or benefit from public property unless he/she complies with the procedures and methods prescribed by Acts.

The defendant is the representative director of D Co., Ltd. established for the purpose of distributing and selling fishery products.

D Co., Ltd. operated by the defendant from July 20, 2007 to July 19, 2012, with permission to use and profit from agricultural and fishery products for five years from the head of the management office of Daejeon Metropolitan City, Nowon-gu, Seoul Metropolitan City, with respect to the 3,382.15 square meters of fishery products store, which is administrative property owned by Daejeon Metropolitan City E.

Since July 20, 2012, the Defendant continued to use and benefit from the sales outlet without returning it to Daejeon Metropolitan City despite the expiration of the period of permission to use and benefit from the sales outlet.

As a result, the Defendant used and profit from the administrative property from July 20, 2012 to October 28, 2013 without a legitimate title.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. A written accusation;

1. Application of the permission for use and benefit of administrative property, conditions of permission, return order of each public property to its original state, permission for use and benefit of public property, extension of permission period for use and benefit of

1. Relevant provisions for facts constituting a crime and Articles 99 and 6 (1) of the Commodity Management Act as well as Articles 6 (1) of the same Act as the applicable provisions for punishment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (i.e., the fact that the defendant returned the administrative property that he/she has occupied or used to Daejeon Metropolitan City even after the lapse of the period of permission for use and benefit, and that the defendant has no penalty heavier than a fine) or more than that of the Criminal Act;

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