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(영문) 대전지방법원 2020.09.22 2020고정707
국유재산법위반등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Anyone who intends to use or benefit from State property without following the procedures and methods prescribed by this Act, use or benefit from the public property without following the procedures and methods prescribed by this Act, and install facilities, buildings or structures in an urban park shall obtain permission to occupy and use the relevant urban park from the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan Autonomous City Mayor, Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu who manages the relevant urban park, and a person who intends to engage

Nevertheless, from June 15, 2019 to November 26, 2019, the Defendant, in a state-owned land, public property, and Daejeon Dong-gu, Daejeon, a urban park, without following the procedure and method prescribed in the relevant laws, did not obtain permission for possession from the Daejeon Metropolitan City Mayor or report to the Daejeon Metropolitan City Mayor without following the procedure and method prescribed in the relevant laws. In so-called food truck, the Defendant established cooking equipment on the so-called food truck, and run a resting restaurant business by selling hens' eggs, raw water, small liquor, etc. to unspecified customers.

Summary of Evidence

1. Application of Acts and subordinate statutes governing the defendant's legal statement, written accusation, investigation report (Attachment of data to the Park Management Office in Daejeon Metropolitan City);

1. Relevant Articles 82 and 7(1) of the State Property Act concerning criminal facts (the occupation of using State property without permission), Articles 99 and 6(1) of the Public Property and Commodity Management Act (the occupation of using public property without permission), Article 53 Subparag. 2 and Article 24 Subparag. 1 of the Act on Urban Parks, Greenbelts, Etc. (the occupation of installing unauthorized facilities, etc. in urban parks) and Articles 97 Subparag. 1 and 37(4) of the Food Sanitation Act;

1. Violation of Articles 40 and 50 of the Criminal Code of the Commercial Competition, and violation of the State Property Act and the Public Property and Commodity Management Act.

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