beta
(영문) 부산지방법원 동부지원 2015.12.03 2015고정1095

수산자원관리법위반등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is operating a restaurant in Busan Southern-gu B.

No one shall possess, distribute, process, keep, or sell fishery resources captured and gathered in violation of an order issued under the Fisheries Act or products thereof, and no one shall sell foods, etc. manufactured, processed, subdivided or sold by any person, other than business operators under the Food Sanitation Act, or collect, manufacture, import, process, use, cook, store, subdivide, transport or display such fishery resources or foods for sale.

Nevertheless, from August 10, 2014 to February 7, 2015, the Defendant purchased KRW 133 7,631,000 in total, which was illegally captured five times from D, not a business operator under the Food Sanitation Act, and sold to customers in the above restaurant.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of part of the protocol of suspect examination of D prepared by the police;

1. Application of the statutes in which copies of books (Evidence No. 15-19 of evidentiary records) are entered;

1. Subparagraph 1 of Article 64 and Article 17 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015); Article 94(1)1 and Article 4 subparag. 7 of the Food Sanitation Act (amended by Act No. 13270, Mar. 27, 2015) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a crime of violating the Food Sanitation Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;