A. The Defendant: (a) obtained permission for “D”, which is a retail store operated in a national park, as a facility for the sale of agricultural and fishery products; (b) there was no content about the scope of the content of permission available for sale; and (c) was not notified by the relevant agency.

Therefore, it should be considered that the sale of the defendant's property is included in the scope of the sale of the above permission.

B. Sentencing (the sentence of the lower court: a fine of five million won)

2. Determination

A. As to the assertion of mistake of facts, Article 23(1)10 of the Natural Park Act provides that a person who intends to engage in “any building that may impair the scenery or impede the conservation and management of a natural park and any other act prescribed by Presidential Decree” shall obtain permission from the park management office. Article 20(1)1 of the Enforcement Decree of the same Act provides that “any act of installing a standing signboard for publicity or advertisement” shall be construed as an act subordinate thereto.

2) Comprehensively taking account of the evidence duly adopted and examined by the lower court, the Defendant operated retail stores with the trade name “D” in the natural environment district in a park in a park in B national park; the Defendant obtained permission for agricultural and fishery products sales facilities in relation to the aforementioned “D”; the Defendant, who installed an electronic rail, etc. in the above “D” and sold the livem thereof; and the Defendant, on June 2016, installed a standing signboard for its sale at around the above retail store.

3) Taking into account the contents of the aforementioned relevant provisions, legislative purpose of the Natural Park Act (the Act prepared to establish a long-term plan for the conservation of nature, cultural landscape, etc. of natural parks), and the fact that a park management agency consultss with the department in charge of reporting and permission under the Building Act and facilities to which the Natural Park Act applies only for specific purposes, such as agricultural and fishery products sales facilities, etc., as in the instant case.