수산업법위반
Defendant shall be punished by a fine of KRW 2,000,000.
If the defendant does not pay the above fine, 50,000 won.
Punishment of the crime
The defendant is also the master of the ship B (1.04 tons, FRP ships, and FR90 E) with the name port of Jinwon-si in Changwon-si as the place of shipment.
Any person who intends to run any fishery business other than inshore fishery business using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than eight tons shall obtain a fishery permit under the Fisheries Act for each fishing vessel, fishing gear, or facility from the competent authority.
Nevertheless, on November 9, 2012, the Defendant did not obtain a fishery permit under the Fisheries Act from the competent authorities, and operated an unauthorized coastal complex fishery business using a coastal fishing vessel B at the sea of approximately 0.7 math day from the Seo-gu Busan Gangseo-gu, Busan, on the 0.7-math day.
Summary of Evidence
1. Defendant's legal statement;
1. Control note;
1. Records of seizure and the list of seizure;
1. Application of the relevant Acts and subordinate statutes to evidence photographs and arrest locations;
1. Relevant provisions of the Fisheries Act and Articles 97 (1) 2 and 41 (2) of the same Act concerning facts constituting an offense;
2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.
3. Article 334(1) of the Criminal Procedure Act of the provisional payment order [Article 334(1)1 (On the other hand, the evidence attached No. 1 (coastal fishing gear) is not already destroyed and remain (see, e.g., Supreme Court Decision 2009Do6982, Jan. 28, 2010)]