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

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

Criminal facts

The defendant is the owner of Bupyeong-gu Incheon Bupyeong-gu CYB-106.

(a) Any person who intends to build, rebuild, alter or remove structures, things or other facilities within the zone of a road, or occupy and use a road for other purposes, shall obtain permission from the office of road management;

Nevertheless, from around 2002 to October 2017, the Defendant installed a shopping mall and occupied approximately 3.9M of the 8M road without permission.

(b) No one shall commit any act impeding the structure of roads or traffic on roads without justifiable grounds;

Nevertheless, Defendant 1 opened a store without permission by occupying and using a road, such as the above “A”, and leased to D, thereby hindering the structure of the road and the traffic of the road by allowing the same person to operate the store.

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 statutes on site photographs;

1. Subparagraph 6 of Article 114 of the Road Act, Article 61 (1) of the Act (unauthorized occupation and use of a road), subparagraph 7 of Article 114 of the Road Act, and Article 75 of the Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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;