Nevertheless, the Defendant entered into a subcontract to use neighboring F river water from C and D, a director at the site of the B site, to remove the scattering dust generated from the construction site without obtaining permission, and accordingly C and E used river water from the F day located in Gangnam-si, Gangwon-si, Gangwon-do, from July 19, 201 to September 21, 2012 without obtaining permission.

Accordingly, the Defendant used river water in collusion with C and E without permission for occupancy and use.

2. The Defendant asserted that, as the H Co., Ltd. to which the Defendant belongs (the trade name before the change is I Co., Ltd.; hereinafter “H”) or the Defendant was not a person using river water at the construction site of this case, it is not necessary to obtain permission from the Minister of Land, Transport and Maritime Affairs, and the Defendant did not use river water in collusion with C and E without permission.

3. Determination

A. Article 50(1) of the relevant provisions of the River Act provides that a person who intends to use river water for the purpose of living, industry, agriculture, environment improvement, power generation, ship transport, etc. shall obtain permission from the Minister of Land, Infrastructure and Transport, as prescribed by Presidential Decree. Article 95 provides that a person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than two years or by a fine not exceeding 10 million won, and subparagraph 9 of Article 50 provides that “a person who uses river water without permission in violation of Article 50(1)”

B. The following facts are acknowledged according to the evidence duly adopted and examined by this court and the materials submitted by the defendant.

(1) H shall be a stock company around November 18, 2010.