Defendant shall be punished by a fine of KRW 100,000,000.

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

Punishment of the crime

The defendant is a Chinese national, who is a captain of promising fishing vessel C (40 tons, tin-do loading) in China.

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

Nevertheless, on May 15, 2017, the Defendant, without obtaining permission from the Minister of Oceans and Fisheries, carried out fishery activities by 55 nautical miles (200 nautical miles on the 55 nautical miles northwest-do, west-do, west-do, west-do, west-do (North Korea, 34.19 east-do, 124.01 east-do, and 0.7 nautical miles on the outside of the line of the Fisheries Agreement) at the sea of the Republic of Korea and entered the exclusive economic zone of the Republic of Korea on the same day, and then, enter the said 52 nautical miles (2 nautical miles on the west-do, west-do, 16.65 east-do, 124.3.45 east-do, and 1 nautical miles on the side of the fishing agreement line) at the same 11:20 nautical miles on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The boarding inspection report and the bareboat report;

1. Each protocol of seizure and each list of seizure;

1. Application of relevant Acts and subordinate statutes of documentary evidence and/or seized articles;

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.

However, the defendant recognizes the crime of this case.