Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

The defendant is the owner and captain of C ( military cargo at the time of childbirth, 7.99 tons).

No one shall manufacture, sell or load fishing implements, other than the fishing implements licensed, permitted, approved or reported under the Fisheries Act, and fishing implements, the use of which is prohibited as prescribed by the Fishery Resources Management Act.

Around 15:00 on April 13, 2013, the Defendant: (a) at a mother port located in the area of the Soannam-gun, Chungcheongnam-gun; (b) while the inshore net fishing gear is attached to a fixed mold and is not attached with any device other than the two wheels at the bottom of the fixed framework, the Defendant stated in the bill of indictment for inshore net fishing gear, in which the use of the chain is prohibited instead of the two wheels, carries the Defendant’s “inshore net fishing gear other than the permission”; (c) the Defendant used the fishing gear other than the permission, or used the fishing gear prohibited by the former Fishery Resources Management Act; (d) the Defendant was punished pursuant to subparagraphs 6 and 24 of Article 65 of the former Fishery Resources Management Act; and (e) in this case, the Defendant stated that the instant net fishing gear does not constitute the fishing gear prohibited from being used by the former Fishery Resources Management Act, there is no concern for the Defendant to exercise his right to defense. Therefore, the above criminal facts are acknowledged ex officio in C.

Summary of Evidence

1. Partial statement of the defendant;

1. Records of seizure and the list of seizure;

1. Application of five different Acts and subordinate statutes to modified type of net and fishing gear (a chain) photographs of seizure;

1. Article 65 Subparag. 6 and Article 24 of the former Fishery Resources Management Act (Amended by Act No. 11567, Dec. 18, 2012) regarding criminal facts

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Relevant statutes - Article 23 of the former Fishery Resources Management Act (amended by Act No. 11567, Dec. 18, 2012; hereinafter the same shall apply) (Prohibition of Use of Fishing Implements) (1).