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(영문) 대전지방법원서산지원 2020.12.17 2020고정115
어선법위반
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

B A Co., Ltd. is a company engaged in the business of manufacturing ships in the Chungcheongnam-gun, Chungcheongnam-gun, and D is the representative director of the above company, and the defendant is a person who has entered into a shipbuilding contract with B Co., Ltd. for the fishing boat E (7.93 tons).

Any person who intends to change the details entered in a fishing vessel inspection certificate shall undergo a temporary inspection, and shall not use a fishing vessel for navigation or fishing operations without undergoing a fishing vessel inspection.

Around November 2, 2016, the Defendant and D entered into a shipbuilding contract with the effect that “D shall build a fishing vessel in accordance with the salvble salvb,” at the above B office. After undergoing the inspection of the fishing vessel built as above, the Defendant entered into an additional agreement with D to transfer D by extending the upper and lower parts of the fishing vessel.

Accordingly, around May 15, 2017, the Defendant was subject to the first regular inspection of a fishing vessel built in accordance with the aforementioned contract from the inspector G belonging to the F branch of the Korea Ship Safety Technology Corporation, and D had not undergone a fishing vessel inspection even though it extended the gross tonnage by expanding the upper structure and door of the fishing vessel from around that time to that time.

Accordingly, the defendant conspired with D and used a fishing vessel for navigation or operation without undergoing a fishing vessel inspection.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to fishing vessel inspection certificates, as a result of survey of E evidence photographs, E building and first regular inspection reports, E ship drawings E;

1. Article 44 (1) 4 and Article 21 of the Fishing Vessels Act and Article 30 of the Criminal Act concerning criminal facts;

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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