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(영문) 서울중앙지방법원 2015.11.25 2014고정4767
옥외광고물등관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is the actual operator of E Co., Ltd., an agent for a new apartment construction project in a regional housing association.

In order to preserve scenic landscapes and urban environments, no advertisement, etc. shall be displayed or installed, on the ground equipment, such as the air-conditioning system of underground facilities, such as subways, underground tunnels, soundproof walls, retaining walls and stairs, floors of roads (including sidewalks), road safety facilities, traffic safety facilities, traffic separation walls, utility poles, street lamps, street lamps, street trees, and facilities for road traffic safety and residential or living environment, which are prescribed by City/Do municipal ordinances, such as subways, underground streets, underground streets, underground streets, etc., and advertisements, etc. shall be displayed or installed.

Nevertheless, from May 3, 2014 to May 5 of the same month, the Defendant, in collusion with G, the representative director of F, a company F, who received public relations services for the said apartment construction project, installed 43 hanging placards, which read, “the first station area APT in the Han River, the Han River, the Seocho-gu Seoul Metropolitan Government Early Station, the Han River Station, and the road safety facilities, traffic management facilities, street trees, where the installation of advertisements, etc. is prohibited from being installed in the Han River Station, as indicated in the attached list of crimes.”

Summary of Evidence

1. Partial statement of witness G;

1. A written accusation;

1. A written statement;

1. A written contract for the recruitment of each member (investigative records, 35, 46 pages), the current status of performance of fees (in payment of fees that H received from F), a tax invoice for installation expenses of telephone subscription (in April 17, 2014), a contract for recruiting members and a compliance agreement entered into with H (in April 30, 2014), and a compliance agreement;

1. Application of Acts and subordinate statutes to the current status of recovery of illegal advertisements and results of information and communications inquiry;

1. Relevant legal provisions concerning facts constituting an offense, Articles 18 (1) 3 and 4 (1) of the Outdoor Advertisements, etc. Control Act, and Article 30 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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