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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.