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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Punishment of the crime

The defendant is a person who is engaged in service business with the trade name "D" in the South-west Sea C.

A person who intends to operate a water leisure business shall file for registration with the Director-General of the Korea Coast Guard who has jurisdiction over the area concerned, such as matters concerning permission to occupy and use rivers or other public waters, and where the business area is the sea level.

Nevertheless, the Defendant, without registering the water leisure business to the Secretary General of the Territorial Coast Guard who has jurisdiction over the F seawater in the South Sea E, received 15,000 won per passenger from July 8, 2017 to 16:00 of the same day, and carried on the water leisure business on the front side of the F in the South Sea Zone E, which is located in the south Sea Safety Zone E, by linking the water surface of the Defendant with the airline connected to the water surface of the Defendant, from July 8, 2017 to 15:400 on the same day.

Accordingly, the defendant was engaged in unregistered aquatic leisure business.

Summary of Evidence

1. Partial statement of the defendant;

1. The written statement of the defendant;

1. Arrest reports of the offender involved in the violation of the Act on Safety of Water Leisure and identification pictures of the offender involved in the violation of the Act on Safety of Water Leisure;

1. A report on internal death (verification that there is no registration of an aquatic leisure business in the name of theA);

1. Application of Acts and subordinate statutes notifying persons who violate the Water Leisure Safety Act;

1. Article 56 Subparag. 4 and Article 39(1) of the former Water Leisure Safety Act (amended by Act No. 14839, Jul. 26, 2017; hereinafter the same shall apply) on criminal facts; the selection of fines for negligence

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the defendant's assertion 1) Even if the defendant has a place of business in a private land other than public waters, it is unreasonable to operate a water leisure business only when he/she has obtained permission to occupy or use public waters.

2) In order to obtain permission for occupancy or use of public waters, a local fishing village fraternity must pay money to the Defendant’s water leisure business.