Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

Any person who intends to occupy and use land, occupy and use river facilities, construct, rebuild or alter a structure in a river area shall obtain permission from a river management agency, as prescribed by Presidential Decree.

Nevertheless, the Defendant, without permission from the river management agency on May 16, 201, installed a container of approximately 18 square meters in size on the area of 86.0 square meters owned by the Defendant, which is designated as a river area around May 16, 201, and occupied it from that time thereafter.

Summary of Evidence

1. Entry of the accused in part of the protocol of examination of the prosecution against the accused;

1. Confirmation of land use plan;

1. Summary of removal of each illegal facility;

Agency

1. Determination of the assertion by the Defendant and his defense counsel on the actual condition survey report and evidence photographs

1. The defendant and his defense counsel asserted that there is no need to obtain permission to occupy and use the land. Since the defendant is the owner of the area of 86.0 square meters prior to Daejeon Seo-gu C (hereinafter "the land in this case"), installing a box on the land in this case owned by the defendant does not need to obtain permission to occupy and use as a legitimate exercise of ownership.

Article 4(2) of the River Act provides, “No person may exercise his/her private right against land constituting a river and other river facilities.” According to the above provision, even if the owner of land constituting a river, he/she shall obtain permission from the river management agency to occupy and use such land or to install structures above it.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

2. The defendant and his defense counsel asserted that the land in this case is not the land constituting the river, and that the land in this case is not the land constituting the river, at the outside of the bank.

The river area under Article 2 subparagraph 2 of the River Act shall be determined by the river management agency pursuant to Article 10 (1) of the River Act.