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(영문) 광주지방법원 장흥지원 2013.07.04 2013고단74

배임증재등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

While no one is allowed to catch or cultivate fish or shellfish in a water source protection area, the defendant captured and sold fish, such as rocketing, etc., in the only part of the Heung Dam located in the water source protection area, and then divided profits therefrom, the defendant planned to commit the crime of capturing fish, such as rocketing, etc., by providing money to D, who is a member of the Honorary Monitoring Committee of the Yeongsan River Basin Office, responsible for monitoring and reporting the act of catching fish in the only part of the Heung Dam, which is the water source protection area, to monitor the act of catching fish at the river basin in the Seomjin Dam, and avoiding crackdown, and the defendant took the possession of fish, such as rocketing, by wearing a scoos equipment such as diving, entering the dam. On the other hand, the above C sells the fish captured while paying part of the proceeds from the sale to the above D in return for an implied act of fishing, and distributing the remainder to the defendant.

1. As agreed with C, the Defendant in violation of the Water Supply and Waterworks Installation Act: (a) in collusion with C, from May 12, 2012 to October 15, 2012, at the center of Heung Dam, the water source protection area located in the new Yannam-gun, the Defendant: (b) in line with C the network, the Defendant: (c) worn all scoo equipment, such as diving clothes and oxygen, carried a scoo equipment, such as diving; (d) laid down a rubber boat into the said dam; and (e) captured the fish equivalent to 100 mas, such as rocketing, by cutting it under water, or by using the fishing age.

Accordingly, in collusion with C, the Defendant captured 46,764,00 won at least 20 km per day in total at least 27 km per day.

2. As the Defendant provided money and valuables to the said D to avoid the crackdown, the case is held in line with C in line with D’s quantity of fish captured at the search and development parking lot located in the Jeonnam-gun, Chungcheongnam-gun, Seoul, on September 21, 2012, along with an illegal solicitation to the effect that “The Defendant provided KRW 600,000,000 in return for an illegal solicitation to D.” < Amended by Act No. 11488, May 18, 2012>

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