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(영문) 춘천지방법원 강릉지원 2016.03.25 2016고정18

공유수면관리및매립에관한법률위반

Text

Defendant shall be punished by a fine of two million won.

If the above fine is not paid, the sum of KRW 100,000 shall be one day.

Reasons

Punishment of the crime

The defendant is a person who is in office in the B Village at three times.

On July 6, 2015, the Defendant obtained permission to occupy and use public waters related to the relocation of “D Bathing Beach” from July 10, 2015 to August 23, 2015, with respect to the area of 1,700 square meters of C branch line at the time of Sejong-si on March 6, 2015.

A person who has obtained an occupancy or use permit of public waters shall not occupy or use the public waters for which he/she has obtained such permit.

Nevertheless, on June 10, 2015, the Defendant received rent of KRW 85,550,000 from E and F on “D bathing beach” from E and F, and used E and F to occupy and use a white beach, which is the co-owned waters of “D bathing beach.”

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each prosecutor's statement protocol concerning E and F;

1. Statement of the police statement related to G;

1. A copy of a permit to occupy and use public waters, a copy of a permit to occupy and use public waters, a certificate of permission to change occupancy and use public waters, a copy of each entrustment contract, a copy of an application for occupancy and use of public waters, a copy of an application for occupancy and use of public waters, a copy of a tender for lease of a bathing beach,

1. Article 64 (2) and Article 8 (8) of the Act on the Management of Waters through which Relevant Acts and the elective Ownership of Punishments can be performed concerning facts constituting an offense;

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;