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(영문) 부산지방법원 2017.07.19 2017고정818
원양산업발전법위반
Text

The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a shipping agency in Busan Jung-gu D. 1001, a shipping agency in 1001, a person in charge of ship entry and departure, and the defendant B is a shipping agency that employs the defendant A.

1. On April 16, 2015, the Defendant: (a) designated the Defendant Company B as a shipping agent with respect to the entry into and departure from the port of Busan on April 16, 2015, which is the deep sea fishing vessel of Russia nationality from the vessel owner; and (b) had the Defendant take charge of the duties of transmitting the said vessel

When a captain or a shipping agent intends to enter a domestic port in order to search a port state station for verifying whether or not fishery products of fish species managed by the International Fisheries Organization are loaded, illegal fishing, unreported fishing, non-regulation fishing, etc., he/she shall submit to the Director of the National Fisheries Products Quality Control Center the documents, etc. proving the name, quantity, fishing certificate, etc. of the catch before entering the port 48 hours.

Nevertheless, on April 16, 2015, the Defendant loaded a total of 483 tons of fish, such as 453 tons of her name, her name 453 tons, her name 30 tons, etc., and entered the 3rd wharf of Busan Sacheon Port 4, Busan, and did not report the entry into the Korea Fisheries Products Quality Institute at least 48 hours prior to entry.

2. Defendant B, who is an employee of the Defendant, committed a violation as described in paragraph (1) with respect to the Defendant’s business.

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. Prosecution investigation report (wholly certified matters to be registered in corporation B);

1. A report on investigation by the police (verification of failure to report to the National Institute of Quality of Fishery Products);

1. A report on internal investigation by the police (a confirmation of loading of fish and specific person suspected of being involved in such investigation);

1. Application of Acts and subordinate statutes to inquire into detailed information;

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

A. Defendant A: Articles 33(3)1 and 14 of the former Distant Water Fisheries Development Act (Amended by Act No. 13001, Jan. 6, 2015; hereinafter the same)

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