A. Although the Defendant obtained permission to occupy and use public waters from the management agency of public waters to newly construct, rebuild, extend, alter, or remove a building, etc. on public waters, the Defendant installed 100 square meters for leisure sea pension from April 2006 to September 2010, from March 201 to June 15, 201, “D marine pension” without permission from the management agency of public waters by operating lodging and leisure business places.

B. Although a person, other than a fisher, was unable to capture and gather fishery resources using diving equipment, the Defendant: (a) captured and gathered 4 marins that were inhabited on the seabed at the above place around May 14, 201 at around 14:30, by wearing scoos equipment, and capturing and gathering 4 marins that were inhabited on the seabed.

2. Determination

A. According to the record of the violation of the Public Waters Management and Reclamation Act, E, etc., the authority to grant permission of the public waters of this case, was placed in the location where the permission of the public waters of this case would be revoked due to financial standing, etc. in the public waters of this case, and requested F (a person who has maintained the Ga and the Gabbb friendly relationship with one person among the authority to grant permission) to install facilities in the public waters of this case so that the above permission can be maintained, and the F would be promoting the installation of facilities in this case. However, E did not pay a special price to F for the installation of facilities in this case, and if the permission can be maintained, it did not pay a special attention to whether the F would actually have actually cultivated the public waters of this case, and thereafter, F would occupy the public waters of this case.