When the defendant does not pay the above fine, 200,000 won.

The defendant is a foreigner of Chinese nationality, and is a captain of a promising fishing vessel (30 tons, 120 EM) without a vessel's name of loading Chinese stone.

Where a foreigner intends to conduct fishery activities in an exclusive economic zone other than a specific prohibited zone, he/she shall obtain permission for each vessel from the Minister of Oceans and Fisheries.

Nevertheless, around 06:52 on September 1, 2017, the Defendant engaged in fishery activities, such as capturing approximately 133 km in a manner that operates a promising fishing gear installed on the said fishing vessel with seven crew members without obtaining permission from the Minister of Oceans and Fisheries, at approximately 77 nautical miles in the Yacheon-si, Yacheon-si, Yacheon-do, where approximately 0.8 nautical miles from the side of the exclusive economic zone of the Republic of Korea ( approximately 1.48 km).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A protocol of seizure and a list of seizure;

1. Reporting on the international capture of Chinese fishing vessels violating the EZ Fisheries Act, and reporting on the international capture of foreign fishing vessels;

1. Application of the Acts and subordinate statutes on the location map, evidence photograph, observation of Chinese promising fish catch, list of crew members, seizure photographs (fishing gear) and GPS display photographs;

1. Article 16-2 and Article 5 (1) of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zones for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 of the Act on the Exercise of Sovereign Rights on Foreigners' Fishing, etc. in Exclusive Economic Zone for Confiscation;

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

1. The reason for sentencing under the proviso of Article 69(1) of the Criminal Act of the custody order is the most recent Chinese fishing vessel’s illegal fishing, causing serious loss or damage to Korea’s fishery resources, such as serious loss or damage to Korea’s fishery resources, and input of many human resources and equipment of the Korea Coast Guard to regulate this, and thus, requires strict liability. The Defendant committed the instant crime as the captain of the instant vessel, etc. is disadvantageous to the Defendant.

(b).