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(영문) 춘천지방법원 강릉지원 2014.08.13 2014고단488

수산업법위반

Text

Defendants shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On July 3, 2013, Defendant A, who serves as the head of Gangnam-si EF fishing village fraternity, was granted a multiple-type fishery license for the aquaculture in the F branch line from Gangseo-si, Gangnam-si around July 3, 2013.

No fishery right holder shall have another person de facto control over the operation of his/her fishery business.

Nevertheless, on July 2013, the Defendant agreed to distribute 50% of the net profit from the operation of the above aquaculture to B, instead of investing the amount equivalent to KRW 3,000,000 and investing the amount equivalent to KRW 400,000,000, in the mutual infinite coffee shop located in Gangnam-si, Gangnam-si.

Accordingly, the defendant has de facto control over another person's fishery business.

2. No person other than a fishery right holder for a defendant B shall actually control the operation of his/her fishery;

Nevertheless, the Defendant invested KRW 400 million in a hole in the F branch line as above, and actually controlled the operation of the fishery by having the Defendant account for 50% of the net profits from the operation thereof.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement to G, H, I, and J;

1. The K's statement;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of data related to fishery permits in the complex fishing village fraternities);

1. Defendants: Article 98 Subparag. 5 of the Fisheries Act and Articles 32(1) of the same Act; the Defendants’ selection of fines

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

1. Defendants of the provisional payment order: (a) the reasons for sentencing under Article 334(1) of the Criminal Procedure Act recognize and reflects their mistakes; (b) Defendant B’s net profit distribution ratio is the lowest distribution ratio of 50/100; and (c) the above distribution ratio is more than 50/100.