A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is a person who operates a land sea-water farming business (a livestock farming and fish farming business) in netcheon-si B and C.

A person who intends to cultivate marine animals or plants in an artificially developed inland sea surface shall obtain permission from the head of the competent Si/Gun/Gu.

Nevertheless, around June 2018, the Defendant: (a) installed a festival-type fish farming facility without obtaining permission for inland seawater fish farming from the net market in the 23,763 square meters of Macheon-si B and Macheon-si; and (b) created a sublim fish plantation by drawing seawater in neighboring beaches; and (c) cultivated sublim fish farming by planting approximately KRW 50,00 for sublim fish farming.

Summary of Evidence

1. Defendant's legal statement;

1. Responses following cooperation in investigation affairs;

1. Application of Acts and subordinate statutes, one satellite photograph, three on-site photographs;

1. Relevant Article 97 (1) 2 and Article 41 (3) 2 of the Fisheries Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. On November 17, 2016, the Defendant, with the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, was sentenced to imprisonment for a period of four months, for the violation of the Fisheries Act, and began to commit the instant crime during the suspended execution period.

However, under favorable circumstances such as the Defendant’s confession of the instant crime, and the fact that the Defendant appears to be engaged in the shellfish farming business, etc. that has been permitted or reported, the punishment as ordered shall be determined by comprehensively taking into account the Defendant’s age, character and conduct, environment, circumstances after the commission of the instant crime, etc.