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(영문) 수원지방법원 여주지원 2013.10.11 2013고정253
수도법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person working as a soup worker.

1. Any person who intends to newly construct, extend, rebuild, rebuild, relocate, alter or remove buildings and other structures, or change the form and quality of land within a water source protection area in violation of the Water Supply and Waterworks Installation Act shall obtain permission from the competent authority;

Nevertheless, the Defendant, without permission, installed a pipe pole in Gyeonggi-gun C and D, a water source protection area between June 2012 and June 7, 2012, installed one column (106.5 square meters in total; hereinafter “instant building”) in a warehouse by installing a vinyl and a luminous pole on the same day, and constructed a building without permission in a water source protection area (113.5 square meters in total) by putting the wooden roof into aground and covering it with slate, 1 square meters in a square (3 square meters in total) by putting it aground, and 1 square meters in a yellow earth and sand (4 square meters in total) in a manner covering the luminous (4 square meters in a water source protection area).

2. No building shall be constructed without permission from the competent authority in a development restriction zone against a violation of the Act on Special Measures for Designation and Management of Development Restriction Zones;

Nevertheless, the Defendant, without permission, constructed three buildings in the same manner at the place of Paragraph 1, which is a temporary development restriction zone, and constructed an unauthorized building in the development restriction zone.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness E;

1. Certificates of each land use plan and forest register;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 83 Subparag. 1 and Article 7(4)1 of the former Water Supply and Waterworks Installation Act (Amended by Act No. 11690, Mar. 23, 2013); Article 32 Subparag. 1 and Article 12(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (Amended by Act No. 11690, Mar. 23, 2013);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Land regulation in which the defendant who is selected to impose an alternative fine is complicated;

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