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(영문) 창원지방법원 2014.09.19 2014고정362
공유재산및물품관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. No person who violates the Public Property and Commodity Management Act shall use or profit from the public property unless he/she complies with the procedures and methods stipulated in the public property and Commodity Management Act;

Nevertheless, on March 2010, the Defendant used the public property without permission, etc. by using pokele in the land of Kimhae-si, which is the public property owned by Kimhae-si, and using it for farming by using it as soil.

2. Any person who intends to occupy or use public waters in violation of the Public Waters Management and Reclamation Act shall obtain an occupancy or use permit from the management agency of public waters;

Nevertheless, around March 2010, the Defendant used part of the DNA ditches in Kimhae-si, which is a public waters, as a earth, without permission for use.

Summary of Evidence

1. Court statement of the defendant (the fifth court date);

1. Each statement of E and F;

1. A written accusation;

1. Application of the location map, aerial photography, field photograph, certificate of land use plan, forest land cadastre, and land cadastre statutes;

1. Article 99 and Article 6(1) of the former Public Property and Commodity Management Act (amended by Act No. 12201, Jan. 7, 2014); Article 62 Subparag. 2 and Article 8(1) of the Public Waters Management and Reclamation Act (amended by Act No. 12201, Jan. 7, 2014); the selection of each fine for criminal facts;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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