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(영문) 창원지방법원 통영지원 2015.07.06 2015고정95

수산업법위반

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

Criminal facts

The defendant is a person who is engaged in fishery as a member of the D fishing village fraternity located in Si, Gyeong-nam.

Any person who intends to run a fish farming business by subdividing specified waters shall obtain a license from the competent market.

① Nevertheless, around August 23, 2006, the Defendant: (a) received a distribution of one set of lines (eight reduction) from D fishing village fraternities; (b) around February 23, 2006, the Defendant harvested approximately KRW 7200 km and carried out a non-licensed farming business equivalent to KRW 3.6 million at the market price.

② From August 23, 2006 to August 22, 2009, the Defendant Do fishing village fraternity obtained a license through the Common Fisheries Cooperatives, and operated a farming business with the distribution of one set (18th) in the G (5th, 200 meters reduced to 53th, 400 meters) of the limited license F, which was established in the front sea of E at Tong Young-si, and one set (29th) of the limited license F, which was set up in the capacity of fishing village fraternity members, as the qualification of fishing village fraternity members.

However, as of August 22, 2009, the above limited licence format was not able to exercise the fishery right any longer due to the expiration of the term of validity of the license.

Nevertheless, the Defendant did not obtain a re-license with respect to the reduction of the limited license F 18 and the limited license G 29 respectively from August 23, 2009 to February 2, 2014, and carried out non-licensed fish farming equivalent to KRW 4,500,000 at the market price by harvesting approximately KRW 90,000 km.

Accordingly, the Defendant, like ①, harvested a total of 16,200 kgs and carried on unlicensed fish farming with the market price of 8,100,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, I, and J;

1. Reports on internal investigation (the type of fisheries without compensation for damage and the period of personal fisheries) and each fishery license certificate;

1. Investigation report (calculated of the period of unlicensed cultivation and the amount of cultivation);

1. Application of Acts and subordinate statutes to photographs to investigate the actual conditions of underwater culture facilities;

1. Article 97(1) of the former Fisheries Act (amended by Act No. 12823, Oct. 15, 2014) by comprehensively including relevant legal provisions on criminal facts.