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(영문) 수원지방법원 2019.01.25 2018고정1790
하천법위반
Text

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A is an internal director of corporation B, and the defendant B is a company that runs the business of manufacturing and wholesale and retailing two parts.

1. Defendant A

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

Nevertheless, on February 2018, the Defendant, without obtaining permission from the competent authority, installed a container of approximately 24 square meters in the Yeongdeungpo-gu Seoul river area in the end of the time-gu, Young-gu (a 3m and 9m in length) and occupied the river by using it for the warehouse of the Dispute Resolution Co., Ltd.

B. The Defendant above A.

The same year from which it was discovered by unauthorized occupation and use, such as paragraph (1), and it was taken by the head of the Gu of interest on June 26, 2018

7.5. A non-compliance with an order to reinstate up to 5.

2. Defendant B, as set forth in the above paragraph (1), committed a violation against Defendant A, a director in-house, regarding the Defendant’s business.

Summary of Evidence

1. The legal statement of the defendant A and the defendant B's inside director A

1. Application of the Acts and subordinate statutes on the written accusation;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Subparagraph 5 of Article 95, Article 33 (1) 1 of the River Act (the occupation and use of land within an unauthorized river area, the selection of fines), Article 95 subparagraph 10, and Article 69 (1) 1 of the River Act (the occupation and use of land within an unauthorized river area, the occupation of fines);

(b) Defendant B: Article 97, subparagraph 5 of Article 95, Article 33 (1) 1 of the River Act (a point where land is occupied within an unauthorized river area), Article 97, subparagraph 10 of Article 95, or Article 69 (1) 1 of the River Act (a point where an order for reinstatement is not issued);

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

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: Article 334(1) of the Criminal Procedure Act

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