The judgment of the court below is reversed.

Defendant

A shall be punished by a fine for negligence of KRW 7,000,000 and by a fine of KRW 10,00,000.

1. The summary of the grounds for appeal is too unreasonable that the punishment (the fine of KRW 15 million is imposed on Defendant A, and the fine of KRW 20 million is imposed on Defendant B) of the lower judgment is too unreasonable.

2. In full view of the judgment of the court below, considering the fact that the defendants both recognize the crimes and reflects the depth of the crimes, and all other matters on the sentencing as shown in the records of this case, since the punishment of the court below is too unreasonable, the defendants' assertion is with merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is delivered following the pleadings.

Criminal facts

The summary of the facts constituting an offense and the summary of the evidence recognized by this court is to be cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for deletion of each column of the judgment below, since it is the same as that of each corresponding column of the judgment below.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 64 Subparag. 3 and Article 22 Subparag. 2 of the Fishery Resources Management Act (the fact that a person has been engaged in fishing with help from other fisheries and a fine) and Article 65 Subparag. 2 and Article 15(1) of the Fishery Resources Management Act (the fact that a person has engaged in fishing with help from other fisheries)

(b) Defendant B: Articles 69, 64 subparags. 3, 22 subparag. 2 (the point in which a person has engaged in fishing with the help of other fisheries), Articles 69, 64 subparag. 3, and 22 subparag. 1 (the point in which a person has engaged in fishing with the help of other fisheries) of the Fishery Resources Management Act, Articles 69, 65 subparag. 2, and 15(1) of the Fishery Resources Management Act (the point in which a person has engaged in fishing with the help of other fisheries)

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;