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(영문) 춘천지방법원 영월지원 2018.10.16 2018고정24
하천법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is the representative of corporation B that generates and sell, and C is the actual representative of corporation D that carries out concrete construction works.

1. Defendant A

(a) Any person who intends to newly construct, rebuild or alter a structure in a river area within a river area which has not been permitted to construct a new structure shall obtain permission from the river management agency;

Although the Defendant obtained permission to occupy and use a river for repairing works, such as flood control, fish ladders, floodgate, screen, etc., in a river located in Gangwon-gun E, the Defendant did not obtain permission to construct a new structure, etc. in a river area.

Nevertheless, the Defendant, from November 4, 2015 to March 2016, required C to build new facilities for building concrete in the said river, and C to build new concrete facilities after removing the existing facilities for scraping steel scrap.

As a result, the Defendant conspired with C to build a new structure in a river area without obtaining permission.

(b) The Minister of Environment or the river management agency may issue necessary orders, such as suspension of construction, removal of structures, etc. where there exist any violations of statutes, such as construction, reconstruction or modification of structures without obtaining permission within a river area, and the offender shall comply with such orders;

Nevertheless, the defendant and C shall construct structures in collusion with the defendant without obtaining permission within the river area, such as described in the above paragraph (a) and shall be around January 25, 2016 from the Cheong-gun Office of the Management Agency.

2. 15. Landscaping, the same year.

3. 4. The construction continued to be in violation of the order of the River Management Agency without complying with the order, even though it was ordered to suspend the construction and restore the original state.

2. Defendant B, a representative, committed a violation as described in paragraph (1) with respect to his business at the same time and at the same place as that described in paragraph (1).

Summary of Evidence

1. The defendant A's partial statement

1. A witness;

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