Defendants are not guilty.

1. A summary of the facts charged is the captain of F (2,39 tons, hereinafter “the instant vessel”) owned by B, who is in charge of operating and anchoring the said vessel, and Defendant B is a corporation established for maritime cargo transportation, etc.

(a) A person who intends to use a harbor facility of the defendant A may use the harbor facility with permission from the Minister of Oceans and Fisheries or a Do Governor entrusted with the operation of the harbor facility by the Minister of Oceans and Fisheries or the Minister of Oceans and Fisheries, or with consent from the person who has entered into the relevant rental contract;

Nevertheless, on August 31, 2014, from around 09:45 to around 22:00, the Defendant: (a) covered the F, which was the port facility, by sea sand 2,460 cubic meters on the line of the port facility, without obtaining permission from the management agency for the construction of the Busan Port; and (b) carried sea sand 2,460 cubic meters from around 09:45 to around 22:00; and (c) proceeded with unloading of sea sand.

Accordingly, the defendant used port facilities without obtaining permission from the competent management authority.

B. Defendant B Co., Ltd. used harbor facilities without obtaining permission from the competent management authority in relation to the Defendant’s business as above at the time, place, and Defendant A, an employee of the Defendant, as stated in paragraph (1).

2. Determination

(a) A person who falls under any of the following subparagraphs under Article 97 (Penal Provisions) of the relevant regulations shall be punished by imprisonment for not more than two years or by a fine not exceeding twenty million won:

4. A person who uses harbor facilities without obtaining permission under Article 30 (1) (1) (1).

Any person who intends to use a harbor facility (hereafter in this Article, the same shall apply) shall obtain permission from the Minister of Oceans and Fisheries or enter into a lease contract with the Minister of Oceans and Fisheries or a person entrusted with the operation of a harbor facility from the Minister of Oceans and Fisheries or the Minister of Oceans and Fisheries