beta
(영문) 부산지방법원 동부지원 2016.01.14 2015고정1228

수산자원관리법위반등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant operates the “C” in Suwon-gu, Busan.

No one shall possess, distribute, process, keep, or sell fishery resources captured or gathered in violation of an order under the Fishery Resources Management Act or the Fisheries Act, and no one shall sell foods, etc. manufactured, processed, or subdivided by a person who is not a business operator under the Food Sanitation Act, or gather, manufacture, import, process, use, cook, store, subdivide, transport or display such fishery resources or products for the purpose of sale.

Nevertheless, around March 11, 2014, the Defendant purchased 10 kg 2.2 million won from Da, which was illegally captured from D, not a business operator under the Food Sanitation Act, and sold it to customers at the above restaurant around that time.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Application of Acts and subordinate statutes stating a copy of the suspect examination protocol against D prepared by the police;

1. Article 64 Subparag. 1 and Article 17 of the former Fishery Resources Management Act (Amended by Act No. 13270, Mar. 27, 2015); Article 94 Subparag. 1 and Article 94 Subparag. 7 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014); (a) on criminal facts, the sale of processed foods by a person, other than a business operator, (b) of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014);

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (Punishments imposed on a person who violates the Food Sanitation Act of which punishment is heavier);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;