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Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Criminal facts
On July 2014, 2014, the Defendant installed one owner of detached houses constructed in five parcels outside C, which are the interest and fishery resources protection zone of planned control area, with the existing permission (L-type retaining wall or natural stone stockpiling) between the first patrolman and the lower patrolman from July 2014 to August 2014 without obtaining permission from the competent authorities.
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statements of witnesses D and partial statements of witnesses E;
1. A protocol concerning the examination of the suspect of the first and second times against the defendant;
1. Statement made by the police with regard to F;
1. Written accusation (In full view of each of the above evidence, it is sufficient to view that the Defendant was aware that D’s construction of retaining walls as a reinforcement soil differing from the design map approved by G construction site warden, without raising any specific objection, even if he knows that D’s construction was carried out as a reinforcement soil)
Application of Statutes
1. Article 140 Subparag. 1 and Article 56(2) of the National Land Planning and Utilization Act regarding criminal facts; Article 64 Subparag. 12 and Article 52(2) of the former Fishery Resources Management Act (Amended by Act No. 13270, Mar. 27, 2015)
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the National Land Planning and Utilization Act of which punishment is heavier);
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;