하천법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) included a conduit-affiliated work that was planned to conduct cleaning the roads laid underground in the instant construction project, which subcontracted to H Co., Ltd. (hereinafter “B”) and D Co., Ltd. (hereinafter “D”), and the Defendant acquitted the Defendant of the facts charged in the instant case despite having managed the entire construction project as the Director of H’s site. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. Determination
(a) A person who intends to use river water for the purpose of living, industry, agriculture, environmental improvement, power generation, transportation, etc. of the facts charged of the instant case shall obtain permission from the Minister of Land, Transport and Maritime Affairs;
Nevertheless, the Defendant entered into a subcontract to use nearby F river water, E, a Director at the B site, to remove dust generated from the construction site without obtaining permission, and accordingly, C and E used river water from the Filwon located in Chuncheon City from July 19, 201 to September 21, 201 without obtaining permission.
Accordingly, the Defendant used river water in collusion with C and E without permission for occupancy and use.
B. The lower court determined as follows: (a) based on the evidence duly adopted and examined; (b) on November 18, 2010, H constituted five and five joint contractors, such as Masco Construction Co., Ltd., Ltd.; and (c) on the basis of the construction cost of Chuncheon-si J design and construction works; (d) during the construction period from February 1, 2011 to January 31, 2015; (e) H awarded a contract for water supply and drainage works (K), among the works contracted on April 30, 2012, with the construction cost of 2,271,50,000, and from April 20, 2012 to January 31, 2015; and (e) during the construction period, H awarded a subcontract with D as of July 19, 2011. < Amended by Act No. 10548, Jul. 19, 2011>