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(영문) 창원지방법원 밀양지원 2017.05.18 2016고단374
하천법위반등
Text

1. Defendant A shall be punished by imprisonment for a year and two months and by a fine of KRW 1,00,000.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

"2016 Highest 374" (Defendant A)

1. Violation of the River Act;

(a) Where anyone intends to occupy and use land in a river area, he/she shall obtain permission from the river management agency;

From August 24, 2014 to July 28, 2016, the Defendant: (a) performed parking lot business (5,000 won per substitute unit) against NG tourists in the name of “M” without permission from the river management agency; and (b) occupied the total area of 933 square meters of land in the river area without permission.

(b) Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency;

From August 24, 2014 to July 28, 2016, the Defendant occupied and used the land in the river area without permission, such as collecting money of KRW 50,000 to KRW 1.550,000 per ordinary day, after installing ten or more ordinary 20 or more light rooms in the densely L River Area.

(c)

No one shall keep flowing water of a river without any justifiable ground.

On July 28, 2016, the Defendant: (a) provided Nreale tourists, who installed a water stop in the L Area in the smuggling-si L Area and paid a normal price to play water play; and (b) laid the flowing water of the river without justifiable grounds.

2. No person who violates any Act on Farmland shall divert farmland outside an agricultural promotion area without obtaining permission therefor;

The Defendant, from around the date of the 2013 to July 27, 2016, made a cement fluoral parking lot on the land of 121 square meters adjacent to the said O farmland, Q 300 square meters, R 41 square meters, S 67 square meters on the land of 121 square meters adjacent to the said O farmland, and installed a toilet, warehouse, rest room, etc., and diverted farmland without permission.

3. A person who intends to divert a mountainous district shall obtain permission from the head of the relevant forest office, etc. according to the classification of the types, areas, etc. of the mountainous district according to use thereof;

Nevertheless, the defendant obtained permission from T in June 2016 from the Administrator of the Forest Administration, etc.

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