When the defendant does not pay the above fine, 100,000 won.

The defendant is a person who operates an unauthorized restaurant (titled name: D) in Busan Young-gu B.

1. Any person who intends to newly construct, rebuild, extend, alter, or remove a wharf, breakwater, bridge, floodgate, building, or other artificial structure on an area of public waters occupied and used without permission shall obtain permission from the managing authority of the public waters to occupy and use public waters;

Nevertheless, from July 4, 2017 to August 24, 2017, the Defendant occupied public waters by installing one tent, which is a structure, without obtaining permission from the competent local maritime affairs and fisheries office, from the competent regional maritime affairs and fisheries office, the public waters.

2. The Defendant, who failed to comply with an order to reinstate, did not comply with the order until August 24, 2017, even when he/she received an order to reinstate an unauthorized public waters occupation and use from the Busan Regional Maritime Affairs and Fisheries Office, as of July 4, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Accusation of violators, restoration of public waters to original state, and application of reporting Acts and subordinate statutes;

1. Article 62 subparagraph 2 of the relevant Act on the Management and Reclamation of Public Waters (the occupation and use of public waters without permission, the selection of fines), Article 64 subparagraph 3 of the Act on the Management and Reclamation of Public Waters, and Article 21 (2) (the occupation and use of public waters without permission and the selection of fines) concerning criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The sentencing criteria are not applied because of the choice of fines to apply the sentencing criteria. 2. The area and area without permission of the sentencing criteria.