The defendant shall be innocent.

1. The summary of the facts charged is that the Defendant is a person engaged in active fish sales business in Gangwon-gun C with the trade name D, and E is a person who provided labor to the above repair work under the jurisdiction of a civil construction company that received a contract from the Defendant for the repair work of water satisfaction.

Although the Defendant did not have obtained permission to excavate the surface of public waters, the Defendant was willing to excavate sand president in order to repair water sprinks sprinks, which are adjoining land of the said F, and requested E to excavate sand around April 1, 2013, and he conspired with the consent of E.

Accordingly, at around 13:00 on the same day, E operated G 5.4 tons of g5.4 tons and excavated the floor of sand in a size of 5 meters wide, 7 meters high, and 2 meters high.

(hereinafter referred to as “the instant seaside.” The Defendant, in collusion with E, occupied or used public waters without obtaining permission from the competent authorities.

2. Determination

(a) Any person who intends to perform an act falling under any of the following items shall obtain permission (hereinafter referred to as "permission for occupancy or use") for occupancy or use (hereinafter referred to as "use or use") from the management agency of public waters, as prescribed by Presidential Decree:

Provided, That this shall not apply where a person who has obtained a reclamation license pursuant to Article 28 intends to occupy and use the relevant public waters within the scope of the purpose of obtaining the reclamation license.

5. Drawing in water from public waters or flowing out water to public waters: Provided, That acts prescribed by Ordinance of the Ministry of Oceans and Fisheries shall be excluded herefrom;

"Acts prescribed by Ordinance of the Ministry of Maritime Affairs and Fisheries" in the proviso to Article 8 (1) 5 of the Enforcement Rule of the Public Waters Management and Reclamation Act (Exemption from Permission for Occupancy or Use of Public Waters) means active.