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(영문) 창원지방법원 통영지원 2018.05.29 2017고정418

수산직접지불제시행에관한법률위반

Text

Defendant

A shall be punished by a fine of one million won, Defendant B, and N, respectively, by a fine of five hundred thousand won.

Defendant

A, B, and N respectively.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the management committee of the area unfavorable to T conditions as the head of the S fishing village located in R in Dong Young-si, and the rest of the defendants are those who are not engaged in fishery as the members of the S fishing village residing in T.

A person who resides in an area unfavorable to the conditions for application for a non-performance penalty for fisheries shall be a person who runs a fishery business, and the annual sales of fishery products through fishery business shall be at least 1.2 million won, or for at least 60 days during one year, and an application for a non-performance penalty for fisheries shall be submitted to the head of an Eup/Myeon/Dong after the Steering Committee. In such cases, even though it is aware that the details of the application for the agreement are false, the application shall not be conducted by checking the results of sales

1. On September 2016, Defendant A prepared an application for a mutual agreement on the payment of unpaid fisheries in an area unfavorable to the conditions of 2016 to 18 residents, including village residents, who are not eligible for direct payments of fisheries at U community center around the U.S. on the date of September 1, 2016. From September 1, 2015 to August 31, 2016, Defendant A harvested fish and shellfish for joint fishing in the village fishing ground owned by the S fishing village fraternity and sold fishery products of an amount equivalent to KRW 23 million in Busan Jung-gu, and distributed KRW 1.2 million per 1,200,000 as if he/she were to falsely prepared “S village fishery distribution statement” and affixed the official seal of the S fishing village fraternity chairperson.

Accordingly, the defendant knew that the content of the written application for agreement is false, and confirmed the result of selling fishery products fraudulently.

2. 피고인 B 피고인은 2016. 5. 1.부터 2016. 8. 31. 사이 통영시 Y에 있는 Z 면사무소에서 2016년도 조건 불리지역 수산 직 불금 지급 약정 신청서를 어촌계 장 A로 하여금 제출토록 하면서, 어업실적으로 어촌계 소유 마을 어업권 (AA) 어장에서 공동 어로 작업을 하여 톳, 세모가 사리 등 해조류를 수확하여 부산시 중구 W에 있는 X에 판매하고 그 수익금 2,300만 원 중...