Nevertheless, from October 2016, the Defendant occupied land B (hereinafter “instant land”) in Chungcheong-si, Chungcheong-si (hereinafter “instant land”) without permission for use or profit-making, and illegally used the public property.

2. The prosecutor charged the Defendant with regard to the above charged facts by applying Articles 99 and 6(1) of the Public Property and Commodity Management Act (hereinafter “Public Property Act”).

According to Article 2 Subparag. 1, Article 4(1), and Article 5(1) through (3) of the Public Property Act, the term “public property” means property owned by a local government, such as real estate, etc., according to the burden of the local government, contribution acceptance, or pursuant to the statutes, and the public property is classified into administrative property and general property according to its use. Administrative property is the property directly used or determined to be used by the local government for office, business, or residence of a public official, the property under construction for the purpose of use (public property), the property directly used or determined to be used for public use by the local government, the property under construction for the purpose of use (public property), the property being used or determined to be used by the local government for the residence of an enterprise operated by the local government or its employees, the property under construction for the purpose of use (commercial property), the other public property belongs to all general property.

On the other hand, no person shall use or benefit from public property without following the procedures and methods prescribed by the Public Property Act or other Acts.