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(영문) 울산지방법원 2013.05.09 2013고단1652
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall sell fishery resources captured and gathered, in violation of an order under the Fishery Resources Management Act or the Fisheries Act, or any products thereof.

1. On January 2013, 2013, the Defendant received at the Defendant’s house located in Ulsan-gu, Ulsan-gu, a mincing machine, a 1math (a considerable of approximately 35 strings), which a person acquired and brought to the port on his name in an influorous manner, from the Defendant’s house located in Ulsan-gu, Ulsan-gu, U.S., and sold the said mincing machine to G at its place as a parking lot of “F” restaurant located in Ulsan-gu, Ulsan-gu, U.S. E, and sold the said mincing machine to G at KRW 12.4 million.

As a result, the Defendant conspiredd with the other party of the D or name unfuse-free port, sold the mincing machine, which is fishery resources prohibited from capture in accordance with the Fisheries Act, etc.

2. From the end of January 2013 to February 2013, 2013, the Defendant received mincing mincing machine 1math (30 square meters in total) of the instant Defendant’s house, which was brought about by a person on the port side of the said Defendant’s house by an irregular means, and sold the said mincing machine 14 million won in total to G via the said F cafeteria vehicle.

Accordingly, the defendant, in collusion with the non-name-free port owners, sold mincing and mincing implements, which is fishery resources prohibited from capture in accordance with Fisheries Act, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect by the prosecution against D or H;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation (the selection and analysis of future samples);

1. Article 64 subparagraph 1 or 17 of the Fishery Resources Management Act, and Article 30 of the Criminal Act concerning facts constituting an offense;

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

1. Article 62(1) of the Criminal Act (including the fact that the defendant reflects his depth in this Court and that there is no previous violation after 2008).

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