beta
(영문) 전주지방법원 군산지원 2015.05.01 2015고단142

공기호부정사용등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a captain of the B (7.93 tons, fishing vessel number: C) of an unauthorized fishing vessel (7.93 tons, fishing vessel number):

1. Around 16:00 on May 6, 2014, the Defendant violated the Fishing Vessels Act: (a) the Defendant removed “B” listed in the B’s hull from knife to knife at the office of the “E” advertising company located in Gunsan-si; (b) the Defendant attached the fishing vessel sign “F.: fishing vessel number: F. fishery permit, coastal net, view, and tonnage [7.93] to the front left left and left of the players of the said B; and (c) the Defendant operated the fishing vessel sign more than 21 times from that time to June 25, 2014, as indicated in the separate crime list.

Accordingly, the defendant removed the indication of the name of fishing vessel, used the sign of fishing vessel, which is an air sign, and exercised the sign of fishing vessel illegally used.

2. A person who intends to carry on coastal fishing boat fishing using a powered fishing vessel with a gross tonnage of less than eight tons in violation of the Fisheries Act or the Public Order in Open Ports Act shall obtain a permit for coastal fishing boat fishing from the Mayor/Do Governor for each fishing vessel or fishing gear, and shall file a report with the Minister of Oceans and Fisheries on entry into or departure from an open port, in cases where five tons or more

The Defendant, at the same time and place as in paragraph (1), carried out coastal net fisheries that captures 2,910 km over a total of 21 times without reporting entry into and departure from the Korea Coast Guard and the Minister of Maritime Affairs and Fisheries, using the above B.

Summary of Evidence

1. Defendant's legal statement;

1.Each vessel's inquiry and detailed information on entry into and departure from ports;

1. A copy of the detailed statement of fishery permission, and a copy of the fishing vessel crew register;

1. A duplicate of a tax-free petroleum supply card for each fishery business (G, B);

1. Current status of the location of each vessel and fishing report thereon (G, B);

1. Responses to requests for cooperation in business (Evidence records 195 pages);

1. To board passengers;

1. Investigation report (Visits inspection) and E-learning photographs of advertising companies manufacturing fishing vessel signs;

1. Investigation report (Attachment to the Register of Seafarers) and the Register of Seafarers of Fishing Vessel;