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Defendant A shall be punished by imprisonment for a year and April 1st, by a fine of KRW 5,00,000,000, respectively.
Defendant
B and C, respectively.
Reasons
Punishment of the crime
1. Defendant A
A. From around 2003 to September 25, 2017, the Defendant is a person who is engaged in the business of acquiring, disposing of, and exercising a fishing right, operating fisheries, operating a fishing village fraternity on behalf of the said fishing village fraternity, and managing expenses necessary for the business of the said fishing village fraternity, and is engaged in the business of the said fishing village fraternity. As such, the Defendant has the duty to comply with the relevant legal provisions of the fishing village fraternity, such as complying with the prohibition of the lease of the fishery right to a person other than the members of the fishing village fraternity under the Fisheries Act, and to perform the business in a fair manner.
Nevertheless, the Defendant in violation of such duty, leased the fishery right of the fishing village fraternity to a person who is not a member of the fishing village fraternity, and thought to receive rent from the bank account in the name of the Defendant.
1) From April 2009 to August 8, 2017, the Defendant leased to C the I fishery right (fishing village fraternity J 168,000 square meters) under the name of H fishing village fraternity located in the Gu in Newanan-Gun G, the Defendant received KRW 3205,00,000 in total from C on eight occasions from May 20, 2009 to May 10, 2017, for rent.
2) From May 2009 to August 8, 2017, the Defendant leased the I fishery right (fishery license L 120,000 square meters) in the name of the said fishing village fraternity in G to B, and received KRW 4,390,000 in total from May 20, 2009 to May 3, 2017, for rent, KRW 4,399,000 from May 20 to the said post office account once.
As a result, the Defendant acquired a total of KRW 7,604,00,000 in violation of the duties of the head of H fishing village fraternity, and suffered a property loss equivalent to the same amount in the victim H fishing village fraternity.
(b) No fishery right in violation of the Acts of fisheries shall be the object of a lease;
1) From April 2009 to August 8, 2017, the Defendant leased to C the I fishery right (fishing license J 168,000 square meters) of I located in Newandong-gun G, Nam-gun, as described in paragraph (a) of Article 1, to C, and from C, as rent.