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(영문) 광주지방법원 순천지원 2014.08.29 2013고정874

어촌ㆍ어항법위반

Text

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

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendant

B is the president of the FM New Franchi, and the defendant A is a person who leases and operates G operated by the FMF.

1. No person shall obtain permission by fraudulent or other illegal means or obtain permission to occupy and use fishery harbor facilities or obtain permission to occupy and use fishery harbor facilities by filing a false report;

Nevertheless, on March 9, 2010, the Defendant reported that the Defendant would directly use the facilities in the national fishing zone, which is the front place of H, in a leisure market, with the intention to use the facilities in the national fishing zone, which is the front place of H in leisure time, and obtained permission by falsely reporting that the Defendant would directly use the facilities, and the Defendant leased it to A who is a third party.

2. Any person who intends to use or occupy and use defendant A fishery harbor facilities shall obtain permission from the fishery harbor management authority;

Nevertheless, the Defendant, without permission from around 2010 to August 2013, occupied the state-owned fishery zone, which is the front line area of H in leisure time, without permission, for the purpose of the use of the priority facility.

Summary of Evidence

1. Defendant A’s legal statement

1. Legal statement of a witness A, I and J;

1. Copy of lease contract;

1. A report on internal investigation (attaching documents, etc. for permission to occupy and use fishery harbor facilities);

1. A copy of a permit for occupation of fishery harbor facilities;

1. A report on internal investigation (a list of current status of the occupancy and use ofG fishing ports);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to G-related photographs);

1. Defendant A of the pertinent legal provisions relating to criminal facts: Article 60 (2) 3 of the Fishing Villages and Fishery Harbors Act, and the main sentence of Article 38 (1) 2 of the same Act: Article 60 (2) 1 of the Fishing Villages and Fishery Harbors Act and the main sentence of Article 38 (1);

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Determination on Defendant B’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant has been operating G in the name of the FGongmong-dong text, and it is merely a part of the operation to the upper accused A for the convenience of the operation of G, and the above text is the subject operating G.