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(영문) 창원지방법원 밀양지원 2016.11.10 2016고단398
하천법위반
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 6,000,000.

The Defendants respectively.

Reasons

Criminal facts

Any person who intends to occupy and use land within a river area shall obtain permission from the river management agency.

Defendant

B In August 2015, when the fine was imposed by the act of occupation and use of a river without permission in Seoyang-si, the river area, the river area, the river area, the river area, the river area, and the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, the river area, and the

Defendant

B around July 28, 2016, from the above D, the land located within the river area, around 2016, sold 13 square meters per opening to Defendant A, and installed in the above river area, and Defendant A purchased deliberation from Defendant B and carried out ordinary lending business.

As a result, the Defendants conspired to occupy and use a river of approximately 80 square meters without obtaining permission for occupancy and use of rivers.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Application of Acts and subordinate statutes to resident inquiry and criminal records, and investigation reports (Attachment of relevant decisions);

1. Article 95 subparagraph 5 of the River Act and Article 33 (1) of the same Act concerning criminal facts, and Article 30 of the Criminal Act;

1. Selection of each selective fine for punishment (the fact that only one time a fine has been sentenced for a violation of the Road Traffic Act, and the defendant B has the penalty power of a fine of four million won due to a violation of the River Act; and the fact that there exists a penalty power of a fine of four million won due to a violation of the River 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, each of the provisional payment orders;

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