beta
Text
Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
No person shall use or benefit from State property at his/her discretion.
Nevertheless, from August 2013 to December 11, 2017, the Defendant used approximately KRW 109 square meters among the roads in Chuncheon-si B, a state-owned property managed by the transportation division of national land, as a site for a swimming pool in a fence operated by the Defendant without justifiable grounds.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against C;
1. According to the records, the defendant filed a lawsuit seeking implementation of the procedure for the registration of transfer of ownership on the ground of prescriptive acquisition with respect to the portion used as a swimming pool (hereinafter “instant land”) in the state-owned property as indicated in the judgment, and lost it (see this Court Decision 2017DaGa52784, May 16, 2018). The defendant purchased the land adjacent to the instant land on September 7, 2009 and changed the category of the land into the site on November 8, 2012, after requesting a construction office to conduct a survey and construction of pentry, and then requested the construction office to conduct a lodging business, and installed a swimming pool within around 2013. The land in the instant case was owned by the State from around 191 to the land in question, and each of the said land category is recognized differently from the aforementioned land owned by the defendant, and each of the said land category is identified.
Such factual relations and the Defendant constructed a building on the land owned by an investigative agency, and used a part of the instant land whose land category and category are different as a swimming pool site, but did not verify the boundary, etc. properly.
On the other hand, considering the fact that the instant land was not State property but property owned by other individuals, the Defendant was aware that the instant land was used as a swimming pool site.
(c).