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(영문) 인천지방법원 2020.07.23 2020고정667

수산자원관리법위반등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

Defendant

A is an owner or master of a non-registered fishing vessel ( approximately 4.5 tons, FRP, hereinafter referred to as "unregistered fishing vessel").

1. No person who violates the Fishery Resources Management Act (Prohibition against possession of specific fishing implements, remodeling of vessels, etc.) shall manufacture, sell or load fishing implements, other than those licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited under this Act, and remodel vessels or install facilities for the purpose of using such fishing implements;

Nevertheless, on May 2019, the Defendant loaded and installed a modified fishing gear, one-person pumps net fishing gear (e.g., e., e., e., a fishing gear other than the fishing gear licensed, permitted, approved, or reported in accordance with the Fisheries Act, and discovered a total of three times during the operation, such as a crime inundation, for the purpose of catching fishery animals and plants into the stern of a non-registered fishing vessel on the name of the ship (around 4.5 tons, FRP, hereinafter referred to as the “S”) at a port other than the Spojin-gun, Incheon, Spoon-do.

2. No person who violates the Fishing Vessels Act shall use it for a fishing vessel unless it is registered in the fishing vessel register as prescribed by Ordinance of the Ministry of Oceans and Fisheries;

Nevertheless, at around 19:00 on June 24, 2019, the Defendant used three seafarers, etc. to depart from the port to ascertain the current status and volume of illegal fishing operations on the above vessel, which was not registered with the illegal fishing gear installed at the neighboring sea of the Incheon Cheongjin-gun, Incheon, for the purpose of grasping the current status of illegal fishing operations, and at around 2:00 on the same day, the Defendant used the unregistered fishing vessel as its fishing vessel by ascertaining the current status of illegal fishing operations at around 06:52 (Control at Control) on the sea before the central retirement of the Yeojin-si located in the Central Do of Jinjin-si.

3. No person who violates the Fishing Vessels Act shall use a fishing vessel for navigation or fishing operations without undergoing an inspection of the fishing vessel in accordance with the Fishing Vessels Act;

Nevertheless, the defendant from June 24, 2018.

7.8. By the time limit, inspections shall be conducted not more than three times in total, such as the list of offenses.