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(영문) 광주지방법원 해남지원 2018.06.21 2017고정75
수산업법위반
Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

1. Defendant A is the head of a fishing village fraternity in Jindo-gun C from around 2010 to October 2015.

Although the fishery right of a fishing village fraternity cannot be the object of the lease, the Defendant leased the fishery right of a family fishing village fraternity to B by entering into an event contract regarding the D fishing village fraternity's license, G, H, I, and J, which belongs to the fishery right of D and D, which belongs to the fishery right of D and D, not the members of D fishing village fraternity, from October 2014 to April 2015.

2. Although Defendant B is not a member of a fishing village fraternity, Defendant B leased the fishery right of D from A as described in paragraph (1).

Summary of Evidence

1. The Defendants’ partial statements in the first public trial protocol

1. Entry of part of the witness K in the fourth public trial record;

1. Each statement of L, M and N in the suspect interrogation protocol against the Defendants

1. A protocol concerning the examination of the suspect of each police officer against the defendant A;

1. Each fishery license;

1. Each form of fishery right exercise contract;

1. Application of Acts and subordinate statutes to the minutes of fishing village fraternities;

1. Article 98 of the Fisheries Act and Articles 98 subparagraph 6 and 33 of the same Act concerning facts constituting an offense;

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

1. The assertion and determination by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant B’s assertion constitutes a member of the fishing village fraternity or a quasi-member of the fishing village fraternity, and thus, Defendant B may enter into a contract for the exercise of the fishery right with D fishing village fraternity, and even if not, the Defendants did not have intention.

2. A person who has obtained a fishery license under Article 8 or who has received a transfer of fishery right or a divided fishery right under Article 19 shall acquire the fishery right by registering in the fishery right register under Article 17;

(2) A fishery right shall be a real right, and the provisions of the Civil Act governing land shall apply mutatis mutandis thereto except as otherwise provided for in this Act.

(4) A fishing village fraternity that is not a corporation shall be acquired.

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