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(영문) 수원지방법원 안산지원 2017.12.13 2017고단2644 (1)
낚시관리및육성법위반
Text

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

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

Reasons

Punishment of the crime

Defendant

A (which is scheduled to be tried to be separated) is the owner of the “C” located in Si interesting City B, and Defendant D is the lessee of the above fishing place.

Any person who intends to operate a fishing place in private waters shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, on November 2016, the Defendants conspired to operate a fishing place business for profit in the above fishing place without registering it with the competent authority at a place which was not a policeman.

Accordingly, Defendant A, around December 1, 2016, installed a facility for fishing place business, such as water in a vinyl house and preparing water meat in the said “C,” and leased the facility to Defendant D. Defendant D, from January 14, 2017 to February 16, 2017, operated the business by collecting fishing fees of KRW 10,000 for ordinary hours against many unspecified customers in the said fishing place, and KRW 20,000 for the weekend.

As a result, Defendants conspired to commit a fishing place business on the private water surface without registering it with the competent authority from January 14, 2017 to February 16, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of a person responsible for accusation;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 53(2)2 and 16(1) of the Act on the Management and Promotion of elective Fishing and Punishment, Article 30 of the Criminal Act, the selection of fines (such as the confession and reflection of criminal facts, the current suspension of business, etc.);

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;

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