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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is a social welfare worker as the president of the Korea Federation in Si Promotion City.

No person shall use or benefit from State property without following procedures and methods prescribed by the State Property Act or other Acts.

Nevertheless, from October 1, 2013 to October 30, 2013, the Defendant occupied the D Railroad site 297.2 square meters in Si-si, Si-si, the State property, and built a temporary building on the 240.26 square meters in the name of office, warehouse, restaurant, etc. and used it.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Written accusation, photograph and location map;

1. Application of statutes in the register of State property, land cadastre, and written confirmation of land use plan;

1. Article 82 of the State Property Act and Articles 82 and 7 (1) of the same Act and the selection of fines concerning criminal facts;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant and his defense counsel asserted that this case’s land possessed by the Defendant is merely a “general property” among the State property and does not constitute “administrative property” under Article 82 of the State Property Act, and thus, cannot be established. However, the circumstances acknowledged by the aforementioned evidence, i.e., circumstances acknowledged by the aforementioned evidence, namely, ① indicated “administrative property (public/railroad)” in the column of the type of property in the land registry of the State Property (Land) concerning the instant land, and the land classification is a “railroad site” in both land cadastre and the confirmation of land utilization plan; ② the instant land falls under the land category of G lower portion, and is used depending on its land category; ③ the Defendant obtained permission from the Korea Rail Network Authority for use of the instant land by December 31, 2012. If the Defendant alleged, the permission for use of the general property is granted.