Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Any person who intends to occupy or use public waters in violation of the Public Waters Management and Reclamation Act shall obtain permission for occupancy or use of public waters from the management authority of public waters as prescribed by Presidential Decree;

Nevertheless, from June 2018 to May 20, 2019, the Defendant occupied and used a ditch, which is a public water surface located in Seocheon-si B, without obtaining permission for occupation and use from the management agency of public waters, as a marina site of approximately 20 square meters and approximately 150 square meters, which is installed or created at the relevant place.

2. A person who intends to convert a mountainous district into a mountainous district shall obtain permission from the Administrator of the Korea Forest Service, etc. according to the classification of types, size, etc. of mountainous districts prescribed by Presidential Decree

Nevertheless, around May 2019, the Defendant cut and filled the ground by using c. 458 square meters and D 124 square meters, a quasi-preserved mountainous district, without obtaining permission from the Administrator of the Korea Forest Service, etc., and changed the form and quality of the mountainous district by constructing a stone site and installing a bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing the location map of illegal acts in each accusation E, F’s respective statements, on-site photographs, and on-site photographs of converted mountainous districts;

1. Article 62 Subparag. 2 of the relevant Act and Articles 62 and 8(1) of the Public Waters Management and Reclamation Act concerning criminal facts; Article 53 Subparag. 1 of the Management of Mountainous Districts Act; Article 14(1) of the Management of Mountainous Districts Act; and 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include the following: (a) the area of each mountainous district and public waters occupied and used by the defendant without permission, etc. is considerably wide; (b) the restoration to the original state is disadvantageous circumstances; or (c) the defendant recognizes the crime and reflects the mistake.