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(영문) 수원지방법원 2017.01.18 2016고정2951
어촌ㆍ어항법위반등
Text

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

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

Reasons

Punishment of the crime

1. Violation of fishing villages or fishery harbors;

(a) Any person who intends to use or occupy fishery harbor facilities occupying and using such fishery harbor facilities without permission shall obtain permission from the fishery harbor management authority;

Nevertheless, from April 29, 2010 to September 5, 2016, the Defendant occupied fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor in the C-harbor area, which is a state-owned fishery harbor located in B, and occupied the fishery harbor facilities without obtaining permission from the managing authority of the fishery harbor, by parking one truck of 15 square meters (3m x 5m) of the area, and operating a resting restaurant with the trade name “D” in which the frying fry and the frying fry are sold.

B. On June 21, 2016, the Defendant failed to comply with an order to reinstate the cargo vehicle in the name of the Chinese market, even though he/she received an order to reinstate the cargo vehicle under the name of the Chinese market until June 30, 2016, from an employee in charge of watching the cargo vehicle without permission, as referred to in paragraph 1(a), in the cargo vehicle parked in B, such as paragraph 1(a), within the C fishery harbor zone located in the Seosung-si B, in order to reinstate the cargo vehicle without permission.

2. Any person who intends to operate a resting restaurant business shall file a report with the competent authority on each type of business or each place of business in accordance with the relevant regulations;

Nevertheless, the defendant

1. (a) At the time and place indicated in a port, the trucking restaurant was operated without filing a report, by cooking and selling to many unspecified people who find the place using the cargo slick, slicker, slicker, etc. installed therein, without filing a business report with the competent authorities;

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (to have telephone conversations with public officials in charge);

1. Application of Acts and subordinate statutes to the accusation or reinstatement order;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Occupation and use of an unauthorized fishery harbor district: Article 60 (2) 3 and the main sentence of Article 38 (1) of the Fishing Villages and Fishery Harbors Act;

(b) order of restitution.

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