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(영문) 제주지방법원 2018.02.07 2017고정488
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant shall be ordered to pay an amount equivalent to the above fine by provisional payment.

Reasons

Punishment of the crime

The defendant is a corporation that operates a D hotel in Seopo City C.

E is a person in charge of overall affairs concerning the operation of a hotel as the head of the above hotel management support team.

A person who intends to develop and utilize groundwater, spring water, etc. shall obtain permission from the Do Governor, as prescribed by ordinance of the Do, and the same shall apply where he/she intends to extend the term of validity of permission for the development and use of groundwater or spring water

Nevertheless, from January 2016 to December 2016, E used the groundwater exceeding 14,283 cubic meters in total on 111 cubic meters from the Sinpo-si Franpo-si, in excess of 3,000 cubic meters of the monthly water intake without permission for change in the volume of water intake, as in the daily water intake table, in excess of 10,26 meters in total on five occasions from the Sinpo-si, and 21,289 cubic meters in G, from the Sinpo-si to the Hapo-si, in total on 11 occasions.

The defendant used groundwater in excess of the monthly water intake amount without permission to change the water intake volume as above in relation to the defendant's business at the same time and place as above.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning interrogation of suspects of special judicial police officers to E;

1. Quantity of groundwater used;

1. A permit for groundwater development and use;

1. Certificate of employment;

1. Investigation report (verification of a groundwater-related site);

1. Application of Acts and subordinate statutes to partial certificates of registered matters;

1. Article 478, Article 473 (2) 4, and Article 379 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City concerning the facts constituting an offense;

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

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