208 Highest 3584 Violation of Fisheries Act

1. A1 (77years, Residuals, Crews) and crew members;

2. A2 (A59 Years, Residuals) and seafarers.

3. A3 (Completion 60, Residual 60) and a seafarer.

Dried scrap metal

Law Firm Han Law Firm, Attorneys Go Tae-gun (Defendant A1)

August 19, 2008

Defendant A1 shall be punished by imprisonment for 10 months, by imprisonment for 6 months, and by fine for 4,00,000 won.

When Defendant A3 fails to pay the above fine, Defendant A3 shall be confined in a workhouse for the period calculated by converting 50,000 won into one day.

The number of days of detention prior to the issuance of this judgment shall be 68 days with respect to Defendant A1, 4 days with respect to Defendant A2, and 2 days with respect to Defendant A3, respectively, in the period of detention in the workhouse.

However, with respect to Defendant A2, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On October 5, 2007, Defendant A1 was sentenced to imprisonment with prison labor for a violation of the Fisheries Act, etc. at the Busan District Court on October 5, 2007 and two years of suspended execution for a fine of 3,00,000 won, and the judgment became final and conclusive on October 13, 2007 and is currently under suspended execution.

1. The Defendants’ co-principal

The Defendants agreed that Defendant A1 shall embark on the fishing vessel owned by Defendant A1 (4.98t, diesel 380 Eelb) and use the low net fishing gear to distribute profits to Defendant A1 60%, Defendant A2, and A3 each by 20%.

On May 27, 2008, at around 05:00, the Defendants captured approximately 710,000 won in total in the market price of approximately 40 km, including 13 boxes of Aear and Do-do, using low net fishing gear at the sea of 36 mam from the southwest-gu, Busan Metropolitan Government.

From that time until June 12, 2008, the Defendants captured approximately KRW 2,380 g market price of KRW 5,520,000 in a total of five times, such as the statement in the “living secret” in the attached list of crimes, from that time to June 12, 2008.

As a result, the Defendants conspired to capture marine animals by a fishing method other than that under the Fisheries Act by making the small-sized mar net fishing as above;

2. Joint criminal conduct by Defendant A1 and A2;

The above Defendants agreed that Defendant A1 shall board the fishing vessel owned by Defendant A1 and use the low net fishing gear, and that the profits shall be distributed by Defendant A1 60% and Defendant A2 40%.

At around 05:00 on June 10, 2008, the above Defendants captured approximately KRW 750,000,000 in total, by using 17 boxes, such as ear, etc. ( approximately 340 g), and on a bridge, etc. at the same place as the above paragraph (1).

As a result, the above Defendants conspired to capture marine animals by fishing methods other than those under the Fisheries Act.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 94(1)3 and 58 of the Fisheries Act, Article 30 of the Criminal Act (the imprisonment with prison labor for defendants A1 and A2, and each selection of fines for defendants A3)

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse (Defendant A3);

Articles 70 and 69(2) of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Code

1. Suspension of execution (Defendant A2);

Article 62(1) of the Criminal Act (Taking into account the fact that there are two or more times of a fine)

Judges Draftment Rate