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(영문) 전주지방법원 2016.08.11 2016고단451

수산업법위반등

Text

Defendant

A Imprisonment of six months, Defendant B’s fine of KRW 3,00,00, and Defendant C’s fine of KRW 5,00,000, and Defendant D, E, F, and G.

Reasons

Criminal facts

Defendant

A is the owner and captain of a non-registered fishing vessel I(A) and the captain, Defendant B and C are the business operators that purchase and distribute unregistered fishing vessels I using active fishing vehicles, and Defendant D, E, F, and G are the seafarers of I.

Defendant

A on July 2015, 2015, after purchasing I, a non-registered fishing vessel, which was remodeled to enable Defendant B, who was well aware of his knowledge of his reputation, to carry out the business of fishing pumps, and supplied the openings captured through illegal pumps fishing, to 500 won per mari, and borrowed KRW 4 million for the purchase of fishing vessels. On July 2015, I purchased I from J, who was the first owner and captain of I and recruited I as Defendant D, E, F, and G to board I.

1. No one shall capture, gather or cultivate marine animals and plants in any way other than those of fisheries under the Act on Fisheries or the Management of Fishery Resources;

However, on July 23, 2015, at around 21:00, the Defendants jointly went to and depart from the sea near the Mestalian Island located in the Jinjin-gun, Incheon, Cheongjin-gun, and then arrive at around 22:00 on the same day at the sea near the Mestalian Island located in the loan limit of Ansan-si, Ansan-si. Defendant A is under the operation of the vessel; Defendant G is under the operation of the vessel; Defendant G is under the operation of the vessel by fasting sea water and spraying high voltages with high voltages; Defendant D, E, and F is exposed to the outer surface in the way of spreading the seabed; Defendant D, E, and F is under the operation of the net pumps on the deck at the bottom of 18 million won in total at the bottom of the market price up to 24:00,000,000,000 won in total at the bottom of the following day.

2. Any person who commits a joint crime (violation of the Fishery Resources Management Act) by Defendant B or C shall possess, distribute, process, keep or manage fishery resources captured and gathered in violation of an order under the Fishery Resources Management Act or the Fisheries Act or products thereof.

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