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(영문) 제주지방법원 2017.09.22 2017고단1372
제주특별자치도설치및국제자유도시조성을위한특별법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

B A fisheries cooperative is a corporation whose main office is to export (trade) fishery products, finance, etc. with its main office in Seopopo-si D, and the defendant A is a person who exercises overall control over and manages the affairs related to the use of groundwater of the above union.

1. A person who intends to develop and utilize defendant A groundwater, spring water, etc. shall obtain permission from the Do Governor, as prescribed by municipal ordinance of the Do, and the same shall apply where he/she intends to extend the term of validity of permission for the development and utilization of groundwater, spring water, etc. among those

Nevertheless, from April 2016 to February 2017, the Defendant used the groundwater of 4,843 cubic meters in total on six occasions as indicated in the daily list of crimes in the attached Form, even though the monthly water intake volume of the groundwater was 1,440 cubic meters, from April 2016 to February 2017, the Defendant used the groundwater of 4,843 cubic meters without permission.

2. Defendant B, an employee of the Defendant’s fishery cooperative, committed an act of violation as above in relation to the Defendant’s business at the date and place specified in Paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written accusation;

1. Statement made by the police with regard to F;

1. A permit for the development and use of groundwater, demand for correction, and a correction supplement plan;

1. On-site photographs;

1. Business registration certificate and certified copy of corporate registry;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 473(2)4 and Article 379(2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City and the selection of fines

(b) Defendant B fisheries cooperatives: 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 to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendants of the Provisional Payment Order: The amount and purpose of groundwater used in excess of the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, and the waterworks construction work after the instant case, making efforts to prevent recidivism.

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