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(영문) 창원지방법원 마산지원 2016.10.25 2016고단890
수산업법위반등
Text

Defendants shall be punished by a fine of KRW 7,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A is the owner of the Masan-si Coast Coast Guard Vessel C (4.99 tons, fishing vessel number: D) in Changwon-si, and Defendant B is the owner of the Masan-si Coast Guard fishery, and the owner of the Masan-si Coast Guard fishery. The Defendants planned to carry the Machip Port Loading Port Loading F (4.95 tons, fishing vessel number: G) in the above case, the name of the owner of the Machip Port F (4.95 tons, fishing vessel number: G) leased by Defendant A in the above case, and to carry the Machip Port fishery not permitted.

1. No person who violates the Fisheries Act shall capture, gather or cultivate marine animals and plants by any means of fishery business other than those under the fishery-related Acts and subordinate statutes;

Nevertheless, at around 12:10 on December 21, 2015, the Defendants captured approximately 180 gg from the south of the South-west shape system located in Busan Seo-gu to the small-sized baseliner fishery with one fishing gear, other than the fishery according to the fisheries-related Acts and subordinate statutes, on the 3-math day after the south of the South-west shape system, and captured approximately 180 g from January 11, 2016 to the southwest of the South-west shape system located in Busan Seo-gu, Busan Seo-gu, on the 2.5-math day after using one fishing gear.

2. On December 21, 2015, the Defendants in violation of the Fishing Vessels Act changed the name of C and the mark of C at the sea of approximately 3 miles on the south-west of the south-west of the south-west of the south-west of Busan, to the name of F and the mark of fishing vessel, used C for fishing operations. On January 11, 2016, the Defendants changed the indication of C’s fishing vessel name, etc. at the sea of approximately 2.5 Eth of the south-west of the south-west of the Southern-west system located in Busan, and used C for fishing operations.

Summary of Evidence

1. Defendants’ legal statement

1. Records of seizure and list of seizure by each special judicial police officer;

1. An explanatory note for each control;

1. A copy of the vessel lease contract, the specifications of the vessel, and the copy of the vessel document;

1. Each location map for arrest;

1. Application of each statute on photographs;

1. Defendants: pertinent Article on criminal facts and the choice of punishment: Articles 97(1)4 and 66 of the Fisheries Act, Article 30 of the Criminal Act (illegal capture) and each fishing vessel law.

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