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Defendant shall be punished by a fine of KRW 3,000,000.
Where a defendant fails to pay a fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
【Criminal Power】 On January 9, 2019, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on Special Measures for Designation and Management of Areas of Restricted Development at the Changwon District Court, which became final and conclusive on the 17th of the same month.
【Criminal Facts】
1. Any person who intends to occupy and use a river in a river area, excavate, fill the ground, cut the ground, or alter the form and quality of land within a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree;
Nevertheless, without permission from the river management agency, the Defendant occupied and used a river by reclaiming soil and aggregate in the area of approximately 270 square meters in Kimhae-si B and C, which is a river area around July 20, 2018.
Accordingly, the Defendant occupied the river without obtaining permission from the river management agency.
2. A person who violates the River Act (violation of an order issued by a river management agency) shall cancel or change permission or approval, suspend its validity, suspend works or other acts, order a disposition to reconstruct, alter, relocate or remove structures or things, or comply with any other necessary disposition order issued by the river management agency.
Around August 21, 2018, the Defendant received an order from the Kimhae market to the effect that “the restoration to the original state by September 4, 2018,” with respect to the occupation and use of an unauthorized river, such as the entries in paragraph (1), from the Kimhae market, in the Defendant’s residence located in Kimhae-siD, and continued to comply with the order even though he/she received an order from the Kimhae market to the effect that “the restoration to the original state by October 4, 2018,” from the above Defendant’s residence around September 21, 2018,” which
Accordingly, the defendant violated the order of the river management agency.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes, such as a violation site photograph and library;
1. Article 95 of the River Act applicable to facts constituting an offense and subparagraph 5 of Article 95 of the Act on which a sentence is selected;