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(영문) 제주지방법원 2017.12.14 2017고단1212
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

Defendants shall be punished by a fine of eight million won.

Defendant

If A does not pay the above fine, 100,000.

Reasons

Punishment of the crime

1. Defendant A is the total manager of “D” set forth in “D” operated by Company B in Jeju-si.

A person who has obtained permission to use groundwater in the Jeju Special Self-Governing Province shall obtain the permission from the Do Governor to change the permitted matters, such as the increased volume of groundwater collected.

Nevertheless, on December 2015, the Defendant used 13,288 tons of groundwater exceeding 1,205 tons in excess of the monthly water intake volume permitted to be used for a kitchen, swimming pool, guest room, etc. at the aforementioned “D”, without the permission of the Do Governor, from around 12, 2015, and used 13,288 tons of groundwater exceeding the permitted volume of water intake over 12 times in total, as shown in the list of crimes in the attached Table, from February 2017.

2. Defendant B Co., Ltd. used groundwater in excess of the permitted volume of water intake without the Do governor’s permission for the Defendant’s business at the above time and at the above place.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the police for E;

1. Each investigation report (F counterpart investigation of retired employees, and analysis of charges for the use of groundwater and waterworks);

1. Amount of imposition of water tax, partial certificates of registered matters, and certificate of report on common use of groundwater;

1. Supplementationing the use of groundwater in excess of permitted volume of groundwater intake, and applying Acts and subordinate statutes of a plan for measures;

1. Article 473 (2) 4 and Article 379 (2) 2 of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City: Defendants B of Articles 478, 473 (2) 4 and 379 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City

1. Defendant A who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the provisional payment order: Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (the Defendants) are considered in all of the sentencing conditions shown in the instant pleadings.

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