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(영문) 대구지방법원 포항지원 2016.10.20 2016고단743

수산자원관리법위반

Text

Defendant

A shall be punished by a fine of 5,00,000 won, by imprisonment of 8 months, and by a fine of 5,00,000 won, respectively.

Reasons

Punishment of the crime

1. Defendant B and Defendant C are the captain of G (six tons, H at port, and coastwise fishing vessels) and Defendant C is the head of G.

I and J are G seafarers.

In order to protect and propagate fishery resources, no one shall capture a body falling short of less than 9cc in which capture is prohibited, and shall possess, distribute, process, keep, and sell fishery resources captured in violation of such prohibition.

Nevertheless, in collusion with I and J, the Defendants were willing to capture less than 9cm of body shortage and distribute profits at a certain ratio.

Accordingly, at around 07:24 on January 7, 2016, Defendant B, along with I et al., on L located in Nam-gu, Nam-gu at port with crew members I et al., captured approximately 23 math on the sea of Least bank, and entered at around 17:41 on the same day after capturing about 60 masts below 17:41 on the same day. Defendant C et al. while waiting in L, transferred the body falling short of the body to A, and then transferred the body falling short of the body, and then sold it to A around that time, as shown in the attached list of crimes. From around February 17, 2016 to February 17, 2016, Defendant B captured the body falling short of 1,540 maths, the capture of which was prohibited on more than 10 occasions, and possessed, kept, and sold it.

As a result, the Defendants captured the body under the prohibition of capture in collusion with I, etc., and possessed, stored, distributed and sold.

2. Defendant A was engaged in fishery products sales business under the trade name of N in South-gu M at port.

In order to protect and propagate fishery resources, no one shall possess, distribute, process, keep, sell less than 9cm of body shortage the capture of which is prohibited.

Nevertheless, around January 7, 2016, the Defendant purchased 60 mariths less than that illegally captured by G from L around January 7, 2016 and transported 60 mariths to Narars, and sold them to persons whose name is unknown, and as indicated in the attached list of crimes.