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(영문) 창원지방법원 통영지원 2019.02.18 2018고정409

수산업법위반

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fisheries as a master who is concurrently the owner of a new fluence fishing vessel B (4.86 tons) with a fluence fishing vessel B (4.86 tons).

1. A person who intends to install fishing gear or run a fishery business using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than five tons in a specified area subject to an offense on or before December 18, 2016 shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, from around 12:30 on December 18, 2016 to 15:40 on the same day, the Defendant, without obtaining permission from Busan City, was engaged in fishing operation in a manner of throwing and towing a mold of the new fishing gear, from around 17.5 nautical miles at the Taedo-gu Busan Metropolitan City.

2. From around January 5, 2017 to around 05:00 on the same day, the Defendant captured approximately 100 km and approximately 50 kg of miscellaneous fish, without obtaining permission from Busan City, on the sea of approximately 7 nautical miles south East East-dong, Busan Do, on January 5, 2017.

3. On January 19, 2017, the Minister of Oceans and Fisheries may, if deemed necessary for the continuous use of fishery resources and coordination of fisheries by type of fishery business, restrict the size, form, quantity and method of use of fishing gear, areas and period in which the use of fishing gear is prohibited, and the size of the net, and, in the case of a new fishing net, restrict the use of fishing gear, the enormous length of which installed in the net of the fishing gear does not exceed eight meters.

Nevertheless, from around 10:00 on January 19, 2017 to around 11:00 on the same day, the Defendant captured approximately 80km of 11 meters of the enormous length of fishing gear installed in the fishing gear net hole in a manner of throwing and fishing one mold at the sea near the Southern-do Yan River in the south-do of the Geumnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. The discovery of three vessels for illegal fishing operations (B, E,F) and reports on the results of evidence collection, arrest (e.g., identification) statements, and persons who violate each Fisheries Act.

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