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(영문) 창원지방법원 통영지원 2015.07.07 2015고정76

수산업법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in fishery as a member of the D fishing village fraternity in Tong Young-gu.

Any person who intends to run a fish farming business by subdividing specified waters shall obtain a license from the competent market.

① At around August 23, 2006, the Defendant: (a) harvested 48,00 km from D fishing village fraternities, the Defendant did not obtain a fishery license in front of the E area; (b) harvested 1 line (28 mar, 46 mar, 300m per reduction) from D fishing village fraternities; and (c) did so at least 24,000 mar market price by harvesting about 48,00 mar from February 2014.

② From August 23, 2006 to August 22, 2009, the Defendant had obtained a license from the Common Fisheries Cooperatives and operated a cultivation business with respect to the limited license F (which consists of 5ha, 200 meters reduced to 53) and G (which consists of 52 pieces reduced to 400 meters) set up in front E in front of Dong Young-si, with respect to a fishing village fraternity, one set (19th reduction) in the limited license F fishing ground as fishing village fraternity member qualification, and one set (28th reduction) in the G fishing ground.

However, as of August 22, 2009, the above limited license form was no longer able to exercise the fishery right as of August 22, 2009.

Nevertheless, the Defendant did not obtain a re-license with respect to the reduction of the limited license F 19 and the limited license G 28 respectively from August 23, 2009 to February 2, 2014, and 30 million won in the market price by harvesting about about 60,00km.

Accordingly, the Defendant, like the above, harvested a total of 108,00 kgs with red chron, as stated in the above (1) and (2) carried on unlicensed fish farming with a total of KRW 54 million at the market price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Copies of each police statement of H, I, J, and K;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes to the fishery license certificate, copy of E00 nesnes book, individual fishery period, fact certificate, fact-finding survey of facilities for underwater farming and fishing, current status of survey of underwater farming and fishing methods, details of compensation, and copy of fishery permit statement;

1. Criminal facts;