The defendant shall be innocent.

1. No person who outlines the facts charged shall use or benefit from State property unless he/she complies with procedures and methods prescribed by the State Property Act or other Acts;

Nevertheless, the Defendant, from around 2017 to May 2, 2019, installed pents and props without following the necessary procedures on the land of Jincheon-gun, Jincheon-gun, the State property, and used and profits from them without permission.

2. Article 82 of the State Property Act applied by a judgment prosecutor while instituting a public prosecution provides that a person who uses or benefits from administrative property shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won.

Administrative property under the State Property Act means property owned by the State that is directly used or determined to be used for public, public or corporate purposes, and property preserved by the State as necessary under statutes or other requirements.

(See Article 6(2) of the State Property Act. Of note, if so-called natural empty objects, such as a river site, have an entity that can be provided for public use as they are natural conditions, they shall be administrative property even if there is no separate act of commencing public use (see Supreme Court Decision 2005Do7523, Jun. 1, 2007). On the other hand, artificial public property such as a road, such as a road, is an administrative property only when it is designated by a statute or determined to be used for public use as administrative disposition or when it is actually used as administrative

In particular, when a road is in the form of a road, and a road zone is determined and publicly announced or a road zone is determined and publicly announced, or when a road is constructed through the procedure as prescribed by the Urban Planning Act or the Urban Redevelopment Act, it shall be deemed that there is an act of commencing public use as a public object. Thus, the land can be deemed as an administrative property as a road solely on the ground that the land category is a road and is registered in