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(영문) 광주지방법원 순천지원 2018.04.23 2018고정28
공유수면관리및매립에관한법률위반등
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who produces sun-dried salt in a salt farm located B at the net time.

1. Any person who intends to engage in the business of producing or manufacturing sun-dried salt or salt in a salt farm shall obtain permission therefor from the Mayor/Do Governor;

Nevertheless, from May 2016 to September 12:20, 2017, the Defendant produced approximately 400 sun-dried salt ( approximately KRW 8,000 g, 12,000,000) without permission of the net market in the above salt farm.

2. Any person who violates the Act on the Management and Reclamation of Public Waters shall obtain permission to occupy or use public waters from the management agency of public waters.

Nevertheless, from May 2016 to September 20, 2017, the Defendant occupied and used public waters by drawing seawater using pumps at the sea side of the above salt farm without obtaining permission from the above salt farm.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (related to the verification of a fluored fish farm and salt farm);

1. Application of relevant Acts and subordinate statutes to photographs;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 and 8 Subparag. 1 (a) of the Act on the Management of and Reclamation of Selective Public Waters for Criminal Facts; Article 63 Subparag. 1 of the Salt Industry Promotion Act; Article 63 Subparag. 1 of the Salt Industry Act; and Article 23(1) of the Act on the Promotion of the Salt Industry; and the selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

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;

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