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(영문) 전주지방법원 정읍지원 2021.01.21 2020고단579
수산업법위반
Text

Defendants shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A On September 4, 2018, the captain of the Da (4 soil, fishing vessel number: E) of the Haan-gun's fishing vessel that was designated as the management vessel of the Yan-gun's fishing vessel C (2 h out of 10 h) located at the sea of approximately 2,195 meters southwest-west-west-west side of the westan-gun, Haan-gun, Haan-gun, North Korea, and the Defendant Association is the owner of the Da of the above fishing vessel.

1. Where a fishery right holder intends to use a fishing vessel necessary for controlling fishing ground of his/her fishery business, he/she shall obtain the designation of the head of a Si/Gun/Gu, and a fishery right holder designated as a patrol vessel shall not use the control vessel to capture, collect, or cultivate marine animals and plants on the waters other than the designated fishing ground area or area approved;

Nevertheless, around December 13, 2019, the Defendant, at around 08:33, used D, designated as the management line of the above fish farm, outside the area of the fishing ground or the area approved, where D was designated as the management line of the above fish farm for six times in total, as shown in the attached crime list, from around that time to January 6, 2020.

2. Defendant B, a corporation, had A, the representative of the corporation, commit the same offense as that set forth in paragraph 1.

Summary of Evidence

1. The protocol concerning the examination of the police officers against the defendant's partial statement made by the defendant A;

1. Statement made by the police to J;

1. Each statement;

1. Transfer of each police;

1. Port information;

1. Evidentiary photographs;

1. Certificates of designation of prior use of management;

1. The defendant asserts that internal investigation report (the submission of KR materials, confirmation of the designation of D management vessel, the designation of D management vessel, the details of D's entry into and departure from Korea), which is not fishing, is an ecological investigation of fishery products.

According to each evidence that has completed legitimate investigation of evidence, the defendant has a large number of females in D and has a considerable amount of piracy in the vicinity of G fishery permit area.

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