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(영문) 서울중앙지방법원 2016.06.08 2015고정4064
공유재산및물품관리법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Part of the facts charged was revised for the convenience of understanding the facts charged.

The defendant is a person who has been in charge of parking management in the E-public parking lot in Seoul, which is operated by the Gu Office in Seoul.

On June 30, 2014, the head of the Seoul Special Metropolitan City C head of the Gu selected F Co., Ltd. as a trustee through a public tender for recruitment of operators of public parking lots on the street, and the head of the Seoul Special Metropolitan City C Co., Ltd. and the F Co., Ltd. concluded the above consignment management contract by setting the period of entrustment from August 5, 2014 to August 4, 2016.

However, the actual operator of F. F.

I submitted a letter of credit to the effect that there is no intention to be entrusted in the second year after the end of the contract period of the first year (from August 5, 2014 to August 4, 2015) on March 19, 2015. Accordingly, the Gu Office in Seoul Special Metropolitan City selected a new trustee for the transportation and parking management of the company as a new trustee through a public tender notice around July 2015 and concluded the above entrustment management contract by setting the period from August 6, 2015 to August 5, 2016.

As above, although the Songsung Parking Management Co., Ltd. was selected as a new management trustee of the public parking lot for E and F Co., Ltd. no longer has the title to occupy and use and profit from the public parking lot for E, the Defendant occupied and profit from the E-public parking lot, which is the administrative property of the Seoul Special Metropolitan City, from August 6, 2015 to October 20, 2015.

2. According to the reasoning of the judgment, records, and witness J and K’s legal statement, the fact that the Defendant occupied the above public parking lot from August 6, 2015 to October 20, 2015 is recognized.

However, in light of the following circumstances recognized by the purport of the whole records and changes, the defendant had the intention to use or profit from the administrative property without title during the above period of possession.

The conclusion is insufficient and there is no other evidence to prove otherwise.

(1) The period of consignment management of the E-public parking lot of the first FF corporation shall be the same.

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