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(영문) 부산지방법원 동부지원 2015.10.08 2015고정994
수산자원관리법위반등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

From October 2014, the Defendant served as a main station in the C restaurant located in Busan Dong-gu B.

No one shall possess, distribute, process, keep or sell fishery resources captured and gathered in violation of an order under the Fishery Resources Management Act or products thereof, and no one shall sell, manufacture, manufacture, import, process, use, cook, store, subdivide, transport or display for sale, foods, etc. manufactured, processed, subdivided or subdivided by any person other than a business operator.

Nevertheless, from January 12, 2015 to February 9, 2015, the Defendant purchased approximately KRW 2,567,000 from D, which was illegally captured on three occasions from D, not a business operator under the Food Sanitation Act, and sold to many customers in the above restaurant.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Entry of part of the protocol of suspect examination of D prepared by the police;

1. Application of the Acts and subordinate statutes in which copies of books (Evidence No. 15 pages) are entered;

1. Subparagraph 1 of Article 64 and Article 17 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015); Article 94(1)1 and Article 4 subparag. 7 of the Food Sanitation Act (amended by Act No. 13270, Mar. 27, 2015) concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a crime of violating the Food Sanitation Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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;

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