Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who operates a restaurant in mutual name in the member-gu B of the Gyeonggi-si, Ansan-si.

Any person who intends to occupy and use public waters shall obtain permission for occupancy or use of public waters from the head of the management agency of public waters, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without obtaining permission for occupation or use as above, buried B 166.8 square meters of the members of the Gyeonggi-si, Gyeonggi-do, which is a public waters, with earth and stone on April 1989, and installed a temporary building without permission on the public waters reclaimed, and occupied and used it until October 13, 2014 while operating a restaurant with trade name.

B. On June 11, 2014, the Defendant received an order to reinstate public waters occupied and used without permission from the Ansan Market until July 11, 2014 with regard to the public waters occupied and used without permission as referred to in the foregoing paragraph (a).

Nevertheless, without good cause, the Defendant did not comply with the order of reinstatement until July 11, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the accusation book, field photograph, order to reinstate;

1. Article 62 Subparag. 2, Article 8(1)11 (unauthorized occupation and use of public waters), Article 64 Subparag. 3, and Article 21(2) of the Act on the Management and Reclamation of Public Waters, the selection of fines for a crime, Article 62 Subparag. 2, and Article 8(1)11 of the Act on the Management and Reclamation of Public Waters, and the selection of fines;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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