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(영문) 대구지방법원 포항지원 2017.12.21 2016고단1281 (1)

전자금융거래법위반등

Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

B is the owner of C heading (7.93 tons, Y. Y. Y. Y. C’s captain and D, E, and F are the crew members of the above C, G is the captain of the above C, and H is the captain of the above C. H.

No one shall capture fishery resources less than 9cm in length, the capture of which is prohibited, for the propagation and protection of fishery resources, and no one shall capture fishery resources captured in violation of such prohibition and keep and sell in public.

Nevertheless, the Defendant and B, D, E, F, G, and H agree to capture less than the body length, sell it to the distributor, and distribute the profits at a certain rate.

Accordingly, on December 1, 2015, the Defendant, D, E, and F, along with H, boarded at the port located in the north-gu in the north-gu in the month at the port of port on December 1, 2015, left the port of the Dong-gu in the Dong-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the Dong-gu in the North-gu in the North-gu in the Dong-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in the North-gu in which he captured 3,225 ma by using the open-air fishing gear to which he was prohibited from capture. G, the owner of the vessel, was waiting in advance in accordance with the direction of the Defendant B, and sold 2, 408 ma.

As a result, the Defendant conspired with H et al. to capture less than the body length prohibited from capture, and possessed, kept and sold it.

Summary of Evidence

1. Statement of the defendant in the first trial protocol in the order of 2016 High Court Order 1489 cases before consolidation;

1. A copy of each protocol concerning the examination of the police officers against G, B, D, E, or F, and a protocol concerning the examination of the police officers against H;

1. Police seizure records;

1. Application of each statute on photographs;

1. Relevant Article of the Act concerning facts constituting an offense and the selective management of fishery resources;