logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.02.08 2016고단6170
원양산업발전법위반
Text

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

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A is a person in charge of importing and selling catches from the division manager of the Seoul headquarters of the defendant B corporation trawls 1 Team.

1. A person wishing to conduct a business related to the deep-sea fishery of Defendant A may report the business plan to the Minister of Oceans and Fisheries, as prescribed by Presidential Decree, but the Defendant: (a) on March 2012, without reporting the business plan; (b) obtained a license for the deep-sea fishing from the Committee for the Conservation of Antarctic Marine Biological Resources (CCAMR) in the Antarctic Sea area; (c) and (d) obtained a license for the deep-sea fishing from the Committee for the Conservation of Antarctic Marine Biological Resources (CCAMR); and (d) on the part of H and I, Korean seafarers are on board, and purchased all the b) as soon as possible and in return for providing technical guidance on the deep-sea fishing and technical services related to vessel management.

2. Defendant B, who is an employee of the Defendant, carried out the business related to deep-sea fishery without reporting the business plan as described in paragraph (1) concerning the Defendant’s business.

Summary of Evidence

1. The Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. A report on internal investigation (No. 8 in the evidence list);

1. Information on vessel enterprises, details of licenses, details of purchase of catches, application of Acts and subordinate statutes on joint ventures contract;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 33(2)2 of the Distant Water Fisheries Development Act and Article 23(1) (excluding punishment)

(b) Defendant B corporation: Articles 34, 33 (2) 2, and 23 (1) of the Distant Water Fisheries Development Act;

1. Article 70(1) and Article 69(2) of the Criminal Act on the confinement of a workhouse (Defendant A);

1. Determination as to a motion for adjudication on the unconstitutionality of a law under Article 334(1) of the Criminal Procedure Act, each of the criminal proceedings orders for provisional payment

1. Article 2 subparag. 3 of the Distant Water Fisheries Development Act, which is a definition provision for deep-sea fishing-related business to the purport of the application, goes beyond the limit of the delegation legislation, and delegates the penal laws and regulations in an unnecessary sub-laws, and predicts whether the act subject to the punishment would be what.

arrow