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(영문) 전주지방법원 정읍지원 2018.10.23 2018고단231

수산업법위반

Text

Defendant

A Imprisonment for 10 months, Defendant B and C shall be punished by imprisonment for 1 year, and Defendant D by imprisonment for 6 months, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

"2018 Highest 231"

1. No person who jointly commits the crimes of Defendants C, B, and A shall operate inshore fishery business without obtaining permission from the Minister of Oceans and Fisheries, or capture or gather marine animals and plants by any means other than those under the law of fisheries;

The Defendants: (a) Defendant C is responsible for the operation of a clear-name vessel; (b) Defendant C is in charge of the operation and diving of the vessel; and (c) Defendant B is in charge of the operation and diving of the vessel; (d) Defendant B is in charge of the operation of diving department; (e) the sale and distribution of the sea ginseng recovered; and (e) Defendant A is in charge of the distribution of profits from the sea; and (e) he collected sea ginseng from the sea without permission; and (e) planned to divide the profits therefrom at the same rate.

From 18:00 on April 16, 2017 to 00:40 on the following day, the Defendant operated the said vessel at the sea near the port of the former Northwest-gun located in the area of the Korea Coast Guard, Defendant C, public prosecution, and other E operating the said vessel; Defendant B, Defendant E, other than Defendant A, and Defendant A, who served as a diving unit, have been able to break up three times, carried a diving equipment (hereinafter “Scoo equipment”), such as mountain flow, and carried it in his hand, and carried it into the house network without obtaining permission, and collected approximately KRW 514kg of the sea ginseng of an amount of KRW 5,654,000 at the market price, and from around that time until May 19, 2017, the Defendant collected KRW 49,608,407,785g in total at the market price of 10 times in the same manner as the list of crimes in attached Form 1 (1).

As a result, the Defendants run a diving fishery business which is an inshore fishing business without obtaining permission in collusion with E outside the public prosecution, and at the same time, the diving department, despite being supplied with air through the scoo equipment, was engaged in the fishery business by using the scoo equipment and collected marine animals and plants in a way other than the fishery business under the Fisheries Act.

2. The defendant D shall issue an order under the Fishery Resources Management Act or the Fisheries Act.

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