2013 Highest 3702 Sovereignty for foreign fishing in the exclusive economic zone

Violation of the Act on the Exercise of Rights

1. Neither** (740304 - - 5), fishing division

Residence of China

Nationality China

2. fake** (701126 - - 5), fats

Residence of China

Nationality China

3. above*** (690806 - 5), fishing division

Residence of China

Nationality China

In case of transfer (prosecutions), new papers, or (public trial)

Attorney Park In-bok (Korean War for all of the defendants)

July 26, 2013

Defendant A***** KRW 40,000,000,000, Defendant fake**, above*,****** Each fine of KRW 30,000.

Each punishment.

The period calculated by converting the amount of KRW 500,000 into one day when the Defendants did not pay each such fine;

Defendants are confined to the Labor House respectively.

The amount equivalent to each of the above fines shall be ordered to be paid to the strikeee.

Facts of crime

Defendant **** A mate who assists the captain in on-site command, etc. at the deck during the navigation of the above fishing vessel and the operation of fishing activities of the same vessel in China** 6 of the same vessel in China** * the captain who is responsible for the operation of the vessel in question and fishing activities of heading (35 tons, neck vessels)* the captain of the vessel in question * the above ***** the captain is the captain who assists the captain in on-site command, etc. at the time of the navigation and operation of the above fishing vessel. ** The captain is responsible for the duties of vessel engine and oil management, etc. to facilitate the navigation and fishing activities of the above fishing vessel.

Each Chinese is an engineer. No foreign person shall engage in fishing activities in a specific prohibited area established for the protection of fishery resources or coordination of fisheries within the exclusive economic zone of the Republic of Korea.

Nevertheless, around June 13, 2013: 21:00, the Defendants loaded 120 air-emitting gear at the Chinese Madong-si Port (U.S.) * 6*** 5 crew members with 300 air-emitting gear on board and departing from the port. On June 15, 2015, the Defendants, around 30, operated 120 air-emitting gear at the northwest-do 13 nautical miles (a specific prohibited area 19.5 nautical miles in specific prohibited area) adjacent to the exclusive economic zone of the Republic of Korea on the 17th day of the same month. Accordingly, the Defendants, who are foreigners, conspired to conduct fishery activities in a specific prohibited area in the Republic of Korea on board the ship.

Summary of Evidence

1. Defendants’ respective legal statements

1. Letters of arrest, degree of appearance, and photographs of each page;

1. A protocol of seizure, a list of seizure, and a protocol of storage of consideration;

Application of Statutes

1. Relevant legal provisions and the choice of punishment for crimes: Foreigners, fisheries, etc. in the exclusive economic zone;

Act on the Exercise of Sovereign Rights, Article 17 subparagraph 1 and Article 4 of the Criminal Act, Article 30 of the Criminal Act

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

Judges Kang Jae-ho