공유수면관리및매립에관한법률위반
Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On September 20, 1995, the Defendant purchased a factory or site in Ulsan-gun C (hereinafter “C”) in Ulsan-gun (hereinafter “C”) and known the fact that approximately KRW 378 square meters of the above site constitutes public waters in around 2005, but was able to use it as it is because of excessive cost of restoration.
1. Although any person who intends to occupy and use public waters has obtained permission from the management authority of public waters to occupy and use public waters, the Defendant, without obtaining permission from the management authority of public waters, packages approximately three hundred and seventy-eight square meters of the above C, which is the co-owned waters, with concrete packaging from around February 16, 2017 to around February 16, 2017, occupied or used them by installing and operating a factory.
2. Although a person who occupies and uses public waters without obtaining an occupancy and use permit, he/she shall restore the public waters to its original state, the Defendant did not comply with the above order without justifiable grounds even though he/she received an order to reinstate approximately 378 square meters of public waters under the above 1. The Defendant received an order to reinstate a total of two occasions from the number of Ulsan-guns during the period from May 30, 2016 to December 12, 2016.
Summary of Evidence
1. The defendant's legal statement (the date of the second public trial shall be the date);
1. A written accusation;
1. On-site photographs, requests for restoration and removal of the original state, and contracts for lease of real estate;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Relevant Article 62 Subparag. 2 of the Act on the Management and Reclamation of Waters for Criminal Facts and the Selection of fines, respectively, Articles 8(1)11 and 8(1)11 of the Act on the Management of Land, Infrastructure and Transport for the Selective Ownership of Public Waters, and Selection of fines;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;