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

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

1. Any person who intends to build, rebuild, extend, alter, or remove an artificial structure on public waters without permission shall obtain permission for occupancy or use of public waters from the management agency of public waters;

Nevertheless, on July 2015, the Defendant occupied and used public waters by installing a brine (a large area of approximately 1.2m, approximately 90m in length) without obtaining permission from the head of Haan-Gun, the management agency of public waters in the Haan-gun B ditch, Haan-gun, the public waters.

2. Any person who occupies or uses public waters without obtaining an occupancy or use permit of public waters that fails to fulfill an order for reinstatement shall fulfill an order for reinstatement issued by the management agency of public waters;

The Defendant, without obtaining permission from the head of the Hawan-gun, Hawan-gun, Hawan-gun, the public waters, was occupying or using the conduits B, which are public waters, and was ordered to reinstate the said public waters within a fixed period from the head of the Hawan-Gun around September 27, 2018 to October 31, 2018, and was ordered to reinstate the said public waters by November 19, 2018, but did not comply therewith even if the Defendant received an order to reinstate the said public waters by a fixed period until November 19, 2018.

Summary of Evidence

1. Each legal statement of the witness C, D, E, and F;

1. Accusations and accusationss against violators of the Public Waters Management and Reclamation Act;

1. Current status photograph and location map;

1. The Defendant asserts that the notice of the restoration to the original state without permission is as follows.

Criminal facts

In relation to paragraph (1), since the ditches of this case are installed and occupied and used in accordance with the oral approval of the public official in charge, there is no intention of the defendant in violation of the law.

The restoration order of each of the instant cases should be revoked illegally against the principle of trust protection due to the above oral approval by the public official in charge. Therefore, the violation of the Public Waters Management and Reclamation Act is not established.

According to the records, even though the defendant had a lot of money that is about 6 million won, he set up a ditch of this case with a lot of money.