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(영문) 창원지방법원 2016.11.03 2016고단2773

수산업법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

When the defendant develops the M&S area in Changwon, the defendant is also the master of the actual owner of the coastal fishing vessel B(2.9 tons).

Any person who intends to carry on a shellfish net fishery business, among fisheries using a non-powered fishing vessel or a powered fishing vessel with a gross tonnage of less than five tons in a specified waters, shall obtain permission from the competent authority for each fishing vessel, fishing gear, or facility.

1. Around April 12, 2016, the Defendant captured approximately KRW 320 km (40 km per household) of KRW 320,000 per 8 households using a type-net fishing gear equivalent to the market price, without obtaining permission from the competent authority, from around 20:0 on April 12, 2016 to around 02:00 on April 13, 2016.

2. Around April 14, 2016, the Defendant captured approximately 1,182 km of 30,000 won of the market value using a type-net fishing gear from around 19:0 to 23:00 on April 14, 2016 by using the type-net fishing gear at around the sea near the port where the Mucompo-si was revised in Changwon-si, Changwon-si, without obtaining permission from the competent authority.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Police seizure records;

1. Each internal investigation report and investigation report;

1. Application of Acts and subordinate statutes to field seed mining photographs (illegal possession and transportation of fish);

1. Relevant Article 97 (1) 2 and Article 41 (3) of the Fisheries Act, the selection of fines for criminal facts, and the selection of punishment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;