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(영문) 울산지방법원 2014.02.18 2014고정55

수산업법위반

Text

Defendants shall be punished by a fine of one million won.

If the Defendants did not pay the above fines, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is the owner or captain of a coastal complex fishing vessel C(1.43 tons) in Ulsan-gun, Ulsan-gun, a person who uses the above fishing vessel at the sea before the Nagri, and engages in the defendant B and seaweeds cultivating fisheries.

Defendant

B is a person who operates a restaurant of the trade name E in Busan District, and a person who conducts the business of cultivating seaweeds in collaboration with the defendant A.

1. A person who intends to engage in the business of cultivating seaweeds shall obtain a license from the head of the competent Gun/Gu;

Nevertheless, the Defendants, on October 2012, 0.65 Mama (N 35°20°23.92 seconds of north latitude and 129°20°46.54 seconds of east longitude) 10,000 m20 m20 m20 m20 m20 m2 at sea.

The Defendants, including that, from around that time to February 10, 2013, engaged in cultivating seaweeds without obtaining a license from the head of the competent Gun/Gu.

As a result, the Defendants jointly carried on the business of cultivating seaweeds without obtaining a license.

2. In addition, a fishery right holder shall obtain designation from the head of the competent Gu when he/she intends to use a fishing vessel necessary for controlling fishing grounds of the fishery.

Nevertheless, the Defendants, using C, which was not designated as a control vessel by the head of the competent Gun/Gu, used in the management of the fine for negligence in the form of fine for negligence at the same time and place as the listed

As a result, the Defendants jointly used C, which was not designated as a management vessel, for the management of a fine-type fishing ground.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of suspects of the police to F, G, H, I, and J;

1. The K's statement;

1. The current status of fishing ground management and the results of the survey of fishing ground, and submission of documents other than tax-exempt application documents;

1. A copy of the ship document, such as C shipment certificate, and a copy of the approval for the use of C management ship;

1. Application of the Acts and subordinate statutes to report internal investigation and investigation;

1. Article 97 (1) 1 and Article 8 of the Fisheries Act concerning criminal facts and the choice of punishment;