Defendant shall be punished by a fine of KRW 4,000,000.

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

Punishment of the crime

The defendant operates a restaurant in the name of "D" in the Namyang-si City.

1. A person who intends to occupy and use a small river without permission from the managing authority;

Nevertheless, the Defendant, without the permission of the management agency from March 2015 to June 2016, installed a stone level and tent on E, a small river located near the above restaurant, and installed a seat so that customers can take meals, and operated a restaurant business at the same time, and occupied and used the flowing water of a small river without permission.

2. On June 13, 2016, the Defendant issued an order to take measures to remove facilities without permission as referred to in the above paragraph (1) from the director of Seoyang-si business trip in Namyang-si to restore to its original state on June 22, 2016, and issued the same order to restore to its original state by July 21, 2016.

Nevertheless, the defendant did not comply with the above order, such as the removal of the above facilities.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. A written statement of public official in charge;

1. Application of Acts and subordinate statutes to data to be submitted (scriptives, field photographs, etc.);

1. Relevant Articles 27 subparagraph 3 and 14 (1) (unauthorized occupation and use of flowing water of a small river) concerning facts constituting an offense, and the selection of a fine for each offense, under Articles 27 subparagraph 4 and 17 subparagraph 4 (violation of an order to take measures) of the Act on the Maintenance of Small Rivers, and the selection of a fine;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;