Defendant shall be punished by a fine of five million won.

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

No person who has committed a crime shall commit an act of damaging or threatening to damage river facilities in a river without justifiable grounds, throw away soil and rocks, tree soil and rocks, tree soil and rocks, etc., and any person who intends to fill land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, from October 23, 2017 to June 2, 2011 of the same year, the Defendant laid down earth and sand using earth and sand without obtaining permission from the river management agency in Gyeonggi-si, B, C, and D, which is a river area. In order to use it as a passage for the construction work to fill the earth, the Defendant laid down the embankment, which is a river facility installed in E and F, which is a river area, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness G and H;

1. Each police statement made to G, H and I;

1. A written accusation, a written accusation, and a written statement of detection;

1. Location map and on-site photographs;

1. A business trip report;

1. A certified copy of each cadastral map and a written confirmation of land use plan;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Articles 95 and 95 subparag. 5 of the former River Act (amended by Act No. 15405, Feb. 21, 2018; hereinafter the same shall apply), Articles 33(1)4 of the former River Act (amended by Act No. 15405, Feb. 21, 201; hereinafter the same shall apply), Article 95 subparag. 8 of the former River Act, and Article 46 subparag. 2 of the former River Act (the act of destroying river facilities)

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. The filling-up in a river area without obtaining permission from the river management agency for the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is ordered in consideration of the following: (a) the filling-up in the river area was conducted without obtaining permission from the river management agency for the sentencing under Article 334(1) of the Criminal Procedure Act; (b) the opening-up was conducted with the permission from the owner or the borrower at the time of the filling-up; (c)