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(영문) 의정부지방법원 2014.10.23 2014고정1696
하천법위반등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution for the violation of the State Property Act at the District Court of the Republic of Korea on December 2, 2011, and the judgment became final and conclusive on December 10, 201

1. A person violating the River Act is prohibited from occupying and using a river without permission from the river management agency. However, the Defendant, without permission from the river management agency from around 2008 to September 12, 2013, operated a camping site in the name of Gyeonggi-gun, Gyeonggi-do, C, D, and E, “F camping site” during the period from around 208 to around September 12, 201, constructed one temporary building of light-weight structure of which is equivalent to 126m26m2 in around August 2008, and provided the customers with one unit of a temporary building of light-weight structure of 25.2m2m2 existing facilities, and occupied a river area equivalent to 15.2m2m2m2 in total.

Accordingly, the defendant occupied a river in a river area without permission from the river management agency.

2. No person who violates the Building Act shall construct a building with a total floor area of less than 200 square meters and less than three floors in a management area, etc. or construct a temporary building without reporting to the competent administrative agency;

Nevertheless, on April 2010, the Defendant constructed one temporary building of steel pipe structure equivalent to 14.74 square meters in Gyeonggi-gun, Gyeonggi-do, C, D, and E, a planned control area, and one temporary building of steel pipe structure equivalent to 25.38 square meters, without reporting to the competent authority. On June 2013, the Defendant constructed one building of prefabricated-type panel structure equivalent to 19.11 square meters in size.

Accordingly, the defendant constructed a building and a temporary building without reporting to the competent authorities.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation and a written accusation;

1. Current status of installation of violated structures, and current status of violated buildings;

1. Land cadastre;

1. Investigation reports (where materials are attached to a complainant) and investigation reports (where materials are submitted by an accusers), etc.;

1. Previous records: Case inquiry and application of Acts and subordinate statutes;

1. Criminal facts;

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