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(영문) 창원지방법원 마산지원 2015.05.19 2015고정154

수산업법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 800,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A The owner and the captain of the cost coastal multi-modal fishing vessel D (2.6 tons) and the defendant B, on June 24, 2014, are the persons who were sentenced to imprisonment for 8 months for fraud and 2 years for suspended execution in the Changwon District Court Msan branch, and were sentenced to imprisonment for 2 years for fraud and who were sentenced to a suspended execution, and who were engaged in the business of cultivating the e-fishing village fraternity and engaged in the fishery business.

1. A person who intends to conduct fishery business within a demarcated zone of a defendant shall obtain permission from the head of a Si/Gun/Gu for each fishing vessel, fishing gear, or facility;

Nevertheless, the Defendant run an unauthorized fishing operation from January 1, 201 to October 7, 2014, such as setting up a 2 framework of a fishing ground without a size of approximately 3 to 4 hectares at the sea in front of the F Village in Changwon-si, Changwon-si and the E Village, and capturing destroyed and miscellaneous fishing.

2. The Defendants’ fishing right can not be the subject of the lease.

Nevertheless, on April 23, 2012, Defendant A entered into a contract under the condition that Defendant B would pay eight million won to E fishing village fraternity each year from Defendant B of E fishing village fraternity at the time of the lapse of the hour from April 23, 2012 and leased the fishery right.

Accordingly, the Defendants used the fishery right for the purpose of lease.

Summary of Evidence

1. Defendants’ respective legal statements

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

1. Answer to inquiries about the current status of fishery business licenses;

1. A report on internal investigation (on the spot confirmation and the attachment, etc. of documentary evidence photographs);

1. Copy of fishing agreement;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article applicable to criminal facts;

A. Defendant A: Articles 97(1)2 and 41(3)1 of the former Fisheries Act (amended by Act No. 12823; hereinafter the same shall apply); Articles 98 subparag. 6 and 33 of the former Fisheries Act (amended by Act No. 12823; hereinafter the same shall apply); the selection of each fine

B. Defendant B: Article 98 Subparag. 6 and Article 33 of the former Fisheries Act; selection of fines

1. Defendant B: the latter part of Article 37 of the Criminal Act.