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Defendant shall be punished by a fine of KRW 1,500,000. If the Defendant fails to pay the said fine, 100.
Reasons
Punishment of the crime
1. Where any person who violates the Public Waters Management and Reclamation Act or the State Property Act due to non-permitted occupancy or use of public waters intends to occupy or use public waters, he/she shall obtain permission from the management agency of public waters as prescribed by Presidential Decree, and shall not use or profit from State property unless he/she complies with the procedures and methods prescribed
Nevertheless, around June 18, 2014, the Defendant occupied and used public waters without permission by piling up natural rocks and planting trees on public waters, which are state property in Gangwon-do-gun C, without obtaining permission for occupation and use from the Crossing-gun Office, the management agency of public waters.
2. The management agency of public waters in violation of the Public Waters Management and Reclamation Act due to a failure to comply with an order to reinstate public waters may order to reinstate public waters within a fixed period where a person liable to reinstate the relevant public waters fails to take measures, etc. for reinstatement as it occupies or uses the public waters without permission to occupy
From November 18, 2014 to April 30, 2015, the Defendant did not comply with an order issued by the management agency of public waters to reinstate an act of occupation or use without permission under the above paragraph (1) on three occasions.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement made to D, E, and F;
1. Maps, cadastral status, and photographs of status;
1. Land cadastre;
1. A letter of order to reinstate unauthorized acts within each public water surface, a letter of business trip name, and a photograph of boundary surveying;
1. Notice of occupancy or use permission of public waters, public notice of succession to the obligation to grant occupancy or use permission of public waters;
1. Application of the Acts and subordinate statutes to photographs taken during visit and investigation into the case site;
1. Subparagraph 2 of Article 62 and Article 8(1)11 of the Act on the Management and Reclamation of Public Waters of the same Act concerning criminal facts shall be permitted.