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(영문) 광주지방법원 목포지원 2012.11.22 2012고단1133

수산업법위반

Text

1. Defendant A, B, and D

A. Defendant A and B shall be sentenced to two years of imprisonment and fine of 30 million won, and Defendant D shall be sentenced to eight months of imprisonment.

Reasons

Punishment of the crime

A person who intends to capture shellfish with a powered fishing vessel, that is, inshore net fishing, shall obtain permission for each fishing vessel or fishing gear from the Minister for Food, Agriculture, Forestry and Fisheries.

1. Defendant A, Defendant B, and Defendant C’s joint criminal conduct: (a) employed Defendant C as a captain of KRW 500,000 per day; and (b) planned to collect and sell a sprinking gear using a type of fishing gear without obtaining permission from the competent authority.

Defendant

C around November 27, 2011, at the sea of the Hyundai Tridong, in front of the Hyundai Tridong, Jeonnam-si, and between Defendant A and Defendant B, on board without obtaining permission from the competent authority in accordance with the direction of Defendant A and Defendant B, and collected 800 ggg of a new light equivalent to KRW 7 million at the market price using a type-net fishing gear. From that time until February 21, 2012, it collected 321,935,000 gg at a total of 30 ggs, such as the list 1 as shown in the annexed crime list.

As a result, the Defendants conspired to do inshore fishing without obtaining permission from the competent authorities.

2. Defendant A, Defendant B, and Defendant D’s co-principal had, without obtaining permission from the competent authority, collected and sold a new light using a type of fishing gear, and agreed to receive the profits distributed by Defendant A, Defendant B, and Defendant D 30%.

Defendant

D As of December 8, 2012, around 18:15, 2012, at the sea of the Hyundai Triju, in front of the Hyundai Triju, Inc., the Jeonnam-si, and between the Defendant A and the Defendant B, on board G (7.93 tons) without obtaining permission from the competent authorities, and collecting 1,360 gg of a new light equivalent to KRW 13.6 million at the market price using a type-net fishing gear. From that time, from that time to January 14, 2012, ten times in total, such as the list 2 of the crimes committed in the annexed Table 150,80,000, market price of which is KRW 150,000,00.