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(영문) 대구지방법원 영덕지원 2018.07.18 2018고단61
수산자원관리법위반
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is the actual owner and captain of the “C” (29 tons) of the fishing line with a line of coastal fishing, both of which are located in the backshore of the Gyeonggjin-gun, Chungcheongnam-do.

No fishing vessel shall assist another fishing vessel engaged in other fisheries by the method of fisheries permitted to use the relevant fishing vessel.

Nevertheless, on September 28, 2017, the Defendant used the above fishing vessel around the new wall, and was engaged in fishing operations while cutting down fishing, etc. at the bottom of the Gangwon-do coast, the Defendant would pay an amount equivalent to 20% of the fishing height, if he/she collected from the captain of the vessel “D” (59 tons) in the East Sea, the shipper, so that he/she can catch the vessel with the trawls of “D” from the captain of the vessel “D” (59 tons) in the East Sea, which is the shipper, so that he/she can catch the vessel with the trawls of “D” with the fishing gear.

“To receive the proposal,” and accepted it.

Accordingly, the Defendant, on the basis of the body of the vessel “C”, intended to capture the bitls, etc., and received 5,500,000 won in cash in return for the attempt to capture the bitls from “D” to the trawls fishing gear.

As a result, the Defendant assisted the operation of “D”, which is engaged in an offshore fishing business with the permission to use in “C”, by the method of fishing operation in the East Sea.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. Each investigation report (the name and specification of each suspect E-Seizure book, and the method of illegally assisting fishing boats using trawls);

1. Application of Acts and subordinate statutes, such as inquiries into each vessel, fishing gear, trawl fishing vessel operation cycle, a copy of seized pocket book, the current status of the payment of the price for fish collection by the counter party, a certificate of marine engineer, etc.;

1. Article 64 of the relevant Act on criminal facts and subparagraph 4 of Article 64 of the Selection and Management of Fishery Resources Act and subparagraph 1 of Article 22 of the Selection of Criminal Resources Act;

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

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the following circumstances, the Defendant’s age, environment, and gender.

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