A defendant shall be punished by imprisonment for not less than five months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. Any person who intends to newly construct, rebuild, extend, alter, or remove a building or other artificial structure on public waters in violation of the Act on the Management and Reclamation of Public Waters shall obtain permission for occupancy or use of public waters from the management authority of public waters;

Nevertheless, the Defendant, from December 24, 2014 to August 7, 2020, without obtaining permission to occupy and use a greenhouse, container, frequency cluster operation temporary building, and residential building, and occupied and used a public water surface by cultivating it.

2. Where a person who has occupied or used public waters without obtaining permission for occupation or use thereof in violation of the Act on the Management and Reclamation of Public Waters intends to reinstate the public waters within a fixed period, he/she shall remove artificial structures, installations, soil, rocks and other things installed on the relevant public waters and reinstate the relevant public waters when he/she issues an order to reinstate the public waters.

Nevertheless, on June 10, 2020, the Defendant did not comply with the order of reinstatement until August 7, 2020, even when he received a notice of the order of reinstatement to the effect that the Defendant shall perform the restoration to the original state by July 3, 2020 with respect to the violation of paragraph (1) above at the place specified in paragraph (1) above.

Summary of Evidence

1. Written statements of the defendant in court;

1. Receipt and confirmation of a request for cooperation, such as a request for an investigation of failure to comply with an order to reinstate public waters, submission of data on illegal investigations of public waters, request for an accusation, or issuance of an order to reinstate public waters;

1. Application of Acts and subordinate statutes to the results of surveying cadastral status;

1. Article 62 Subparag. 2 of the relevant Act and Article 62 Subparag. 2 of the Act on the Management and Reclamation of Public Waters for Criminal Facts and Articles 8(1) (the occupation of public waters without permission), Article 64 Subparag. 3 and Article 21(2) (the order to reinstate is not issued).