배타적경제수역에서의외국인어업등에대한주권적권리의행사에관한법률위반
Defendant shall be punished by a fine of KRW 160 million.
If the defendant does not pay the above fine, 20,000 won.
Punishment of the crime
The defendant is a foreigner of the nationality of the People's Republic of China, who is the captain of the Gangwon People's Republic of Bangladesh C ( approximately 100 tons, about 15 persons on board).
If a foreigner intends to conduct fishery activities in an exclusive economic zone of the Republic of Korea other than a specified prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.
Nevertheless, on December 21, 2015, at around 23:19, the Defendant captured approximately 7,500 km, including early, using promising fishing gear at the 22-nautical miles sea ( approximately 34-23 east 124-51, and approximately 38 nautical miles on the side of the EZ) in the west-gun, west-gun of the Republic of Korea, the exclusive economic zone of the Republic of Korea.
Summary of Evidence
1. Statement by the defendant in court;
1. Police seizure records and list of seizure;
1. Location map of capture;
1. A certificate of location for operation;
1. Certificates of catch;
1. Application of the Acts and subordinate statutes governing evidence photographs;
1. Subparagraph 1 of Article 17 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Criminal Facts;
1. Articles 70(1), 70(2), and 69(2) of the Criminal Act to attract a workhouse;
1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in the Exclusive Economic Zone for Confiscation and Article 132 (1) of the Criminal Litigation Act;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;
1. The sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order was imposed on the Defendant with a license plate for fishery activities of another vessel, and the amount of the fine shall be determined by comprehensively taking into account the fact that the Defendant had a license plate for another vessel, the size, method of operation of the vessel, the quantity of captured fishery products, etc