Defendant

A shall be punished by imprisonment with prison labor for four months, and by a fine of three million won.

Defendant

B does not pay the above fine.

Punishment of the crime

In the vicinity of D, where the water leisure business is unable to be carried out due to the protection of water sources, etc., the Defendants gathered to operate the “E” company that is engaged in the business of gathering money from customers, such as gathering carbon wak, water skiing, etc. or taking a training course therefor.

1. A person who violates the Water Leisure Safety Act shall register his/her business or a person engaged in aquatic leisure activities by lending an aquatic leisure craft with the competent authority, who intends to run a business on board the aquatic leisure craft;

In collusion, from May 2015 to September 201 of the same year, the Defendants engaged in aquatic leisure business in a manner that, without being registered with the competent authority, approximately KRW 15,000, the Defendants collected the said “E” at a charge of KRW 15,00 at one time from the customers who were finding the said “E”.

2. No person who violates the River Act (defendant A) shall occupy and use any river, such as the installation of floating mooringss, without obtaining permission from the river management agency.

On May 2015, the Defendant, in collusion with B, occupied and used the river by installing a floating mooring pond (13 meters wide and 6 meters long) without obtaining permission from the river management agency to manage the said “E” on the water surface above D, in collusion with B, and without obtaining permission from the river management agency.

In reference, on July 6, 2015, Defendant B was punished by a fine of KRW 500,000 as a violation of the River Act on the same criminal facts.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with regard to F;

1. The investigation report (the sequence 14 of the evidence list);

1. Application of Acts and subordinate statutes on the site of photographs;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 95 subparag. 5 of the River Act and Article 33 subparag. 6 of the same Act, Article 30 of the Criminal Act (a violation of permission to occupy and use a river, choice of imprisonment), the former Water Leisure Safety Act (amended by Act No. 13754, Jan. 7, 2016).