logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.04.20 2016고정780
수산자원관리법위반등
Text

Defendant shall be punished by a fine of KRW 500,000.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

The Defendant is a person who operates a single restaurant under the trade name of 'C' in Gyeongnam-gun B.

1. A person violating the Fishery Resources Management Act shall not possess, distribute, process, keep or sell fishery resources or products thereof captured and gathered in violation of an order issued under the Fishery Resources Management Act or the Fisheries Act, but the Defendant illegally captured and sold the said restaurant at the above restaurant six times from January 17, 2014 to January 28, 2015, after purchasing KRW 6.6 million from D, from which no certificate of distribution was issued.

2. A person violating the Food Sanitation Act shall not sell or gather, manufacture, import, process, use, cook, store, subdivide, transport or display foods, etc. which are manufactured, processed, or subdivided by a person, other than a business operator, for the purpose of sale, but the defendant did not obtain permission for the sale and transportation of foods at a time and place, such as Paragraph 1 of the above Article, and sold the above restaurant to customers, after purchasing the illegally captured garrative machine from D, other than the business operator, for the purpose of sale.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 64 Subparag. 1 and Article 17 of the Fishery Resources Selection Management Act (including illegal capture and sale of high-speed seasons), Article 94 Subparag. 1 and Article 4 Subparag. 7 of the former Food Sanitation Act (Amended by Act No. 12496, Mar. 18, 2014) (including sales of high-speed seasons of non-business operators; hereinafter referred to as "non-business operators") concerning criminal facts; selection of each fine for negligence

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow