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(영문) 서울서부지방법원 2020.02.13 2019고정904
옥외광고물등의관리와옥외광고산업진흥에관한법률위반
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 2 million.

Defendant

A above.

Reasons

Punishment of the crime

Defendant

B is a business operator operating the Mapo-gu Seoul Metropolitan Government Center under subparagraph 1, and the defendant A is a person who actually operates the corporation.

1. No one shall display or install any outdoor advertisement, etc. on any road sign, traffic safety sign, traffic signal and sidewalk separation zone, utility pole, street pole, streetlight pole, street tree, etc. as prescribed by the Presidential Decree;

Nevertheless, on August 17, 2017, the Defendant attached a “D” advertisement leaflet to a utility pole located in Mapo-gu Seoul Metropolitan Government No. 10, and displayed outdoor advertisements, etc. by attaching a “D” advertisement leaflet to the street pole, telegraph pole, etc. in Seoul Mapo-gu Seoul Metropolitan Government, from that time to April 12, 2019, as shown in the list of crimes in the attached Form.

2. Defendant B Co., Ltd. committed the above offense by Defendant A, who is a substantial operator of the Defendant’s business at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the police investigation of the defendant A;

1. Investigation report (to verify E phone calls as to whether the data dispatched by the Mapo-gu Office are attached and operated);

1. Application of all Acts and subordinate statutes, such as a certified copy of register and accusation;

1. Relevant Articles 18 (1) 3 and 4 (1) (Selection of Fines) of the Act on the Management of Outdoor Advertisements, etc. and Promotion of Outdoor Advertisement Industry: Articles 19, 18 (1) 3 and 4 (1) of the Act on the Promotion of Outdoor Advertisements, etc. and Outdoor Advertisement Industry;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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