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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

No one shall use or benefit from State property without following the procedures and methods prescribed by the State Property Act or other Acts, and illegally occupy or use agricultural infrastructure without justifiable grounds.

Nevertheless, around May 20, 2002, the Defendant obtained “approval for use of farmland for the purpose other than the purpose of farmland” from the head of Gyeyang-gun, Gyeonggi-gu, Gyeonggi-do, which is a State-owned property and agricultural production infrastructure B, for the purpose of “farmland utilization,” and installed a fence with a length of 29 meters, thickness of 0.14 meters, height of 2 meters on the said ditch at the beginning of early 2003, and around September 2017, the Defendant used the said ditch 93 square meters for the purpose other than the purpose of “approval for use of farmland and farmland for the purpose other than the purpose of agricultural production infrastructure” for the said ditch as “approval for use of farmland and farmland for the purpose other than the purpose of use.” The Defendant was laid open to exceed the permitted area of the said ditch by June 29, 2018.

As a result, the Defendant did not follow the procedures and methods prescribed in the State Property Act, but illegally used, profit from, and occupied the State property and agricultural infrastructure without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A written accusation;

1. C’s statement;

1. Cadastral map and field photograph;

1. C’s statement;

1. Approval for use of agricultural infrastructure for purposes other than its original purpose;

1. A land use plan;

1. Approval for use of agricultural infrastructure for purposes other than its original purpose;

1. Construction plan drawings;

1. Investigation report (Attachment to the cadastral survey result report submitted by the public official in charge of accusation);

1. Investigation report (the length of chests illegally buried, submitted by a public official C in charge of accusation);

1. Application of Acts and subordinate statutes to investigation reports (field surveys and photographs attached thereto);

1. Article 130 (3) and Article 18 (3) 3 of the Rearrangement of Agricultural and Fishing Villages Act concerning facts constituting an offense, Articles 82 and 7 (1) of the State Property Act;

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

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