Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Any person who intends to occupy or use public waters shall obtain permission for occupancy or use from the management agency of public waters.

Nevertheless, from March 5, 198 to March 19, 2014, the Defendant buried 307 square meters of public waters in front of the Jeonnam-gun B bank in order to occupy and use public waters without permission from the competent authority. The Defendant occupied and used public waters as the land for the Crewing station operated by the Defendant without permission.

The Public Waters Management and Reclamation Act lists "seas" in Article 2 subparagraph 1 (a) of the Act on the Management and Reclamation of Public Waters other than state-owned waters, which are the sea, rivers, lakes, marshes, ditches, and other waters or waterways used for public purposes, and Article 2 subparagraph 2 of the Act provides that "seas means the area from the high-water line to the area registered in the cadastral record." Thus, land between the high-water line subject to the above Act and the area registered in the cadastral record was actually reclaimed and siteized.

Even if it is not registered in the cadastral record, it is still applicable to public waters.

Therefore, the act of occupying and using a beach, which is a public waters, without permission, should be deemed as a continuous crime in which a criminal act of occupying and using the public waters without permission regardless of whether the external form of the public waters has been changed.

(See Supreme Court Decision 2008Do7678 Decided September 30, 2010). Summary of evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the attachment of data by a certified copy of land register and cadastral map), investigation reports (in relation to illegal reclamation, occupation and use of public waters, on-site verification and survey of the total area);

1. The prosecutor under Article 62 subparagraph 2 of the Act on the Management and Reclamation of Public Waters and Article 8 (1) 11 of the Act on the Management of Public Waters and the Reclamation of Public Waters relating to criminal facts shall be the defendant on the basis of Article 8 (1) 1 of the Public Waters Management and Reclamation Act.