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(영문) 춘천지방법원 강릉지원 2016.04.20 2016고정40

공유수면관리및매립에관한법률위반

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, from January 16, 2015, is a person who served as the leader of C fishing village and is in charge of the representative of D’s “E organization” for operation.

Meanwhile, on June 23, 2015, in order to operate the D directly, Gangwon-si obtained permission to occupy and use public waters by itself with respect to the sandy president located in Gangnam-si F, and concluded an entrustment contract for the installation of the D Bara and Pib on July 2015, the Defendant and F, the representative of the E organization, as the Defendant and F, made a contract for the installation of the D Bara and Pib, which are the facilities located in the D Bag president.

When anyone intends to occupy or use public waters, he/she shall obtain permission to occupy or use public waters from the management agency of public waters.

Nevertheless, the Defendant, in collusion with the Head of the General Affairs Team I of the “H hotel” located in Gangseo-si G, on June 24, 2015, concluded a re-contract on behalf of the “E organization” with I on behalf of the “E organization,” and entered into a re-contract on the facilities within the D00,000 won of the price of KRW 14 million, and the “H hotel” from July 10, 2015 to the same year.

8. By December 23, 200, based on the above re-entrustment contract, FD President was used as an exclusive sandy beach for hotel guests.

In collusion with I, the Defendant, without obtaining permission for occupancy or use from the management authority of public waters as above, used D Ba President, a co-owned water surface, as a sandy beach for a guest with H hotel.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement made to J, K and I by the prosecution;

1. Each police statement with regard to I or L;

1. Each investigation report (the attachment of a plan for the entrusted operation of facilities adjacent to D marine ecosystems and a contract for the entrusted operation of facilities adjacent to D marine ecosystems);

1. Application of Acts and subordinate statutes to report internal affairs (in addition to field photographs, confirmation related to permission for occupation and use of the Dineines, interview with persons related to H hotel, attachment of H hotel site photographs);

1. Article 62 subparagraph 2 of the Act on the Management and Reclamation of Waters for the Crime and the elective Sharing of Public Waters, and Articles 62 subparagraph 1 and 8 (1) of the same Act