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

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

Punishment of the crime

Any person who intends to occupy and use land in a river area shall obtain permission from the river management agency, as prescribed by Presidential Decree.

Nevertheless, from the beginning of October 2017 to December 6, 2017, the Defendant cultivated approximately KRW 4,400 square meters in the C area, which is a national river of Gyeongbuk-gu, one of the national rivers, on the side and maths.

Accordingly, the Defendant occupied land in the river area without obtaining permission from the head of Ycheon-gun.

Summary of Evidence

1. Partial statement of the defendant;

1. Perusal and output processing of building ledgers;

1. On-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Subparagraph 5 of Article 95 of the River Act and Article 33 (1) 1 of the same Act concerning facts constituting an offense (the occupation and use of an unauthorized river site);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on the ground that the Defendant’s permission to occupy and use a river site for the sentencing of the instant land was terminated on December 31, 2013 due to the Defendant’s incorporation into a river improvement project in Hancheon-do. The Defendant was paid KRW 105,213,250 of the total area of the instant land, including the instant land, from Jeoncheon-gun-gun, the amount of farming compensation for the total area of KRW 25,756 square meters; the building located on the instant land is an illegal building; the building is not restored to its original state; the area of the instant land is approximately KRW 4,40 square meters; the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence; and the circumstances after the crime, etc. shall be determined by the punishment, taking into account