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(영문) 춘천지방법원 2019.01.10 2018고단517
공유수면관리및매립에관한법률위반등
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

B around October 2016, Defendant A entered into a sales contract with Defendant A to purchase KRW 500 million in Gangwon-do-gun C or D land, and paid KRW 50 million in down payment, intermediate payment, KRW 1.5 million, and the remainder KRW 300 million was paid on November 10, 2018 and received the registration of ownership transfer.

Defendant

B is ambiguous to gather and remove soil and rocks, such as natural rocks, from the river site in the Gangwon-do Incheon-gun, which is owned by the State (Ministry of Land, Infrastructure and Transport) adjacent to the land above and above, Defendant A, who provided equipment of the scke and employed scke articles, and Defendant B performed the work of collecting and removing natural rocks by keeping scke articles at the site.

1. Any person who intends to collect earth, sand or rocks from any public waters in violation of the Public Waters Management and Reclamation Act shall obtain permission for occupation or use of public waters from the management agency of public waters;

From the end of June 2017 to the end of September 2017, Defendants conspired to collect earth and stone, such as natural stone, from the said land by using heavy equipment, such as scrain, etc., without obtaining permission to occupy and use public waters, from the river site in the Gangwon-gun E-gun, which is a public waters, within the scope of 5,265 square meters.

2. Any person who intends to collect earth or stone in violation of the National Land Planning and Utilization Act shall obtain permission from the competent authorities;

Defendants conspired to collect earth and stones without permission from the competent authority, and based on the written opinion of Sep. 6, 2018, the Prosecutor changed the indictment as above on the seventh day of trial by reflecting the written opinion, etc. of Sep. 6, 2018, which is about 60 cubic meters of natural rocks and other heavy equipment, such as chills, at the same time and place as the preceding

3. No person who violates the State Property Act shall use or take profits from State property without complying with procedures and methods prescribed by the State Property Act or other Acts;

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