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(영문) 춘천지방법원 2015.05.07 2015고정116
공유수면관리및매립에관한법률위반등
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who intends to newly construct, rebuild, extend, alter or remove a wharf, a breakwater, a bridge, a floodgate, a building or other artificial structure on any public waters in violation of the Public Waters Management and Reclamation Act shall obtain permission to occupy and use public waters from the management authority of public waters;

Nevertheless, from May 2014 to September 30, 2014, the Defendant newly built and used a glamping facility for public waters with approximately 84 square meters in Hongcheon-gun B without obtaining permission from the management authority of public waters to occupy and use public waters.

2. No person who violates the State Property Act shall use or benefit from any administrative property without complying with legitimate procedures and methods;

Nevertheless, the Defendant, as described in paragraph (1), was equipped with 84 square meters of land, which is an administrative property located in Hongcheon-gun B from May 2014 to September 30, 2014, and operated a camping site business, and used and profit from the said administrative property.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written statement;

1. Application of statutes in cadastral map;

1. Article 62 subparagraph 2 of the relevant Act on the Management and Reclamation of Public Waters and Article 8 (1) 1 of the Act on the Management of and Reclamation for Criminal Facts (the occupation and use of public waters without permission), Articles 82 and 7 (1) of the State Property Act (the occupation of use of and benefit from administrative property);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishment on a violation of the Public Waters Management and Reclamation Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

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