The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

2. Determination is an unfavorable circumstance to the Defendant, where the Defendant occupied and used public waters without permission to transfer salt produced without a short period during which salt farms are operated, and the Defendant committed the instant crime even if he/she was subject to a suspended sentence due to a violation of the Salt Industry Promotion Act by operating the salt farm without permission in 2014.

On the other hand, the fact that the defendant recognized the crime, and the defendant tried to succeed to the existing permission holder for the salt farm of this case, but it seems that he did not succeed to the permission in his name due to the reason that he died.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., the lower court’s punishment is too unreasonable, and the Defendant’s assertion is reasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the summary of the facts constituting the crime and evidence is identical to the description in the corresponding column of the judgment below, and thus, the summary of the facts constituting the crime and evidence recognized by the court is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 and 8 Subparag. 1 (a) of the Act on the Management of and Reclamation of Selective Public Waters for Criminal Facts; Article 63 Subparag. 1 of the Salt Industry Promotion Act; Article 63 Subparag. 1 of the Salt Industry Act; and Article 23(1) of the Act on the Promotion of the Salt Industry; and the selection of fines, respectively;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

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;