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(영문) 광주지방법원목포지원 2020.10.20 2020고정145

수산업법위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

B The Lessee is the Lessee’s owner who is also the Lessee(4.68 tons) owner who leased and uses the fishing vessel, and the person who entered into a contract with the said fishing vessel to use the said fishing vessel for fishing for the shellfish-type E fishing for the fish-net fishing for the former, South-Naman-gun, a fishing village fraternity’s license holder, and the Defendant is a person who, upon obtaining the designation of the said fishing vessel as the management vessel for the

No fishery right holder designated as a control vessel shall use the control vessel to capture, gather, or cultivate marine animals or plants on the waters other than the designated fishing ground area or the area approved therefor.

At around 12:20 on July 14, 2019, the Defendant: (a) had his employee B collect 400 gs of the ex-post at the above place, other than the designated fishing ground area, and use the management line, at the same time as the c” (4.68 metric tons) designated as the D fishing village fraternity management line at approximately 0.5 nautical miles of the Do bank; and (b) caused the Defendant to commit a violation in relation to the Defendant’s business.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes to C ship documents, etc., fishery license certificates, C port data, investigation reports (limited to confirmation of the fact of illegal operation other than the same type of criminal record and license certificates), investigation reports (limited to confirmation of approval for the lease of ships and the designation of the management ship), certificates, fishery license certificates, location and area of waters, and issuance of certificates of designation of the use of management ship (approval for use of fishing vessels)

1. Article 101, Article 98 subparagraph 4, and Article 27 (4) of the Fisheries Act concerning facts constituting an offense;

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;