Text
Defendants shall be punished by a fine of three million won.
Defendant
A and C fail to pay each of the above fines.
Reasons
Punishment of the crime
Defendant
A The representative director of the fishery partnership corporation in B, the defendant fishery partnership corporation B is a corporation that holds the fishery right in the fish farming farm in Taean-gun E Taean-gun, Chungcheongnam-gun while carrying out public cultivation, fishery and joint operations, joint shipment, processing, packing, sale, export, etc. of fishery products, and the defendant C is a person who manages the defendant A and the above fish farming farm.
1. No fishery right holder for a joint criminal conduct by Defendant A or Defendant C shall have another person de facto control over the operation of the fishery business;
Nevertheless, around October 8, 2012, the Defendants acquired the fishery right F for the fishery license of Taean-gun under the name of the fishery partnership corporation B, and did not engage in the fishery business directly in the above fishery business area, and concluded a “collabor contract” with G, H, I, J, and the said specialized farmer from November 1, 2013 to October 30, 2014, and had the said specialized farmer engage in the fishery business in the above cultivation area and divide profits generated therefrom.
As a result, the Defendants conspired with G et al. to practically control the operation of the fishery.
2. The Defendant, as the representative, committed the act of violation as provided in paragraph (1) in regard to the Defendant’s business on a temporary basis as set forth in paragraph (1).
Summary of Evidence
1. Defendants’ partial statement
1. Statement of prosecutorial statement to G and J;
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes to a certified copy of fishing license register, and a certificate of authorization;
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Defendant A and C: Subparagraph 5 of Article 98 and Article 32(1) of the former Fisheries Act (wholly amended by Act No. 12823, Oct. 15, 2014; hereinafter “former Fisheries Act”); Article 30 of the Criminal Act; selection of fines;
(b) Defendant B fishery partnership corporation: Articles 101, 98 subparag. 5, and 32(1) of the former Fisheries Act;
1. Defendant A and C in the custody of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;
1. The order of provisional payment;