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(영문) 제주지방법원 2017.06.28 2017고정79

수산업법위반

Text

Defendants shall be punished by a fine of KRW 3,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is the leader of fishing village fraternity F of E fisheries cooperatives in Jeju City, and is the fishery right holder who has obtained a fishing license for a political network owned by F fishing village fraternity.

Defendant

A is a person who operates the above political network.

1. No fishery right, such as a fishing license owned by a fishing village fraternity pursuant to the Act on the Fisheries of Defendants B shall become the object of lease to any person other than the members of the fishing village fraternity;

Nevertheless, the Defendant leased the FF fishing village fraternity’s fishery right to the fishing village fraternity’s licensed fishery right to the Defendant A, who is not a member of the fishing village fraternity, at the office of the FF on October 2015, to the effect that the Defendant, who was not a member of the fishing village fraternity, exercised the fishery right from April 2016 to December 31, 2023.

2. Notwithstanding the fact-finding that Defendant A was unable to lease his/her political network fishery right to a person who is not a member of the FF fishing village fraternity, Defendant A leased the fishery right to a political network acquired by Defendant B in the name of the FF fishing village fraternity at the office of the FF fishing village fraternity around October 2015 (annual rent 4,568,000) from April 2016 to December 31, 2023, as stated in the above paragraph (1).

Summary of Evidence

1. The Defendants’ respective legal statements

1. A copy of political network fishery right contract;

1. A copy of a political network event contract;

1. Copies of general accounting books of the F fishing village fraternity;

1. A copy of a bankbook in the name of the F fishing village fraternity;

1. Copies of political network fishery licenses;

1. A copy of a list of members of a fishing village in the F;

1. Application of Acts and subordinate statutes to a report on investigation (verification of developments leading to leasing political network fishing rights);

1. Article 98 subparagraph 6 of the Fisheries Act and Article 33 of the same Act concerning facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. The Defendants, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, concluded a lease agreement on the fishery right owned by the fishing village fraternity.

This allows the exercise of fishing rights only to the members of fishing village fraternity in accordance with exceptional provisions.