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(영문) 전주지방법원 군산지원 2015.09.25 2015고정189

공유수면관리법위반등

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

1. Any person who intends to occupy or use public waters in violation of the Public Waters Management Act and the Management and Reclamation Act shall obtain permission for occupancy or use of public waters from the management agency of public waters;

From March 29, 2007 to June 9, 201, the Defendant constructed a building of 100 square meters in a steel pipe with a steel pipe installed without obtaining permission from the management agency of public waters in Gun B, which is a public waters managed by the Korea Rural Community & Agricultural Corporation Saemangeum Project, from March 29, 2007 to June 9, 201, and used fisheries as “C” in the trade name.

2. No person who violates the State Property Act shall use or take profits from State property without following procedures and methods prescribed by the State Property Act or other Acts;

From June 10, 201 to December 3, 2014, the Defendant used public waters by operating fisheries using the trade name “C” without obtaining permission from the Korea Rural Community Corporation, in Gunsan-si B, a State property owned by the Korea Rural Community Corporation, and without obtaining permission from the Korea Rural Community Corporation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the copy of the complaint and the supplementary protocol for complaint;

1. Article 21 subparagraph 1 of the Public Waters Management Act (amended by Act No. 10272, Apr. 15, 2010); Article 62 subparagraph 2 of the Public Waters Management and Reclamation Act; Article 8 (1) 1 of the Act on the Management and Reclamation of Public Waters; Articles 82 and 7 (1) of the State Property Act; Articles 82 and 7 (1) of the State Property Act (the occupation of use and use of public waters without permission); the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;