logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2015.08.13 2015고단1011
수산자원관리법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated a mutually cafeteria called “C” in Busan Central District B.

1. A person who violates the Fishery Resources Management Act may not possess, distribute, process, keep, or sell fishery resources or products thereof captured and gathered in violation of an order issued under the Fishery Resources Management Act or Fisheries Act. However, the Defendant purchased 60 km from March 13, 2014 to May 26, 2014, which was illegally captured and collected by D twice in the above restaurant, from around 13, 2014 to around 1,1430,000 won, and sold the said restaurant to customers.

2. Notwithstanding that no person violating the Food Sanitation Act sells foods, etc. manufactured, processed, or subdivided by a person, other than a business operator, or collects, manufactures, imports, processes, uses, cooks, stores, subdivides, transports, or displays such foods, etc. for sale, the Defendant purchased an illegally captured scrap machine, such as paragraph (1) of the above Article, from D, which is not a business operator, without obtaining permission for food sales and transportation business, at the same time and place as the above paragraph (1), and sold it to customers who find the above restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment of records and account details to D);

1. Article 64 Subparag. 1 and Article 17 of the Fishery Resources Management Act regarding criminal facts and Article 94 Subparag. 1 and Article 4 Subparag. 7 of the Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014);

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

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the age, character and conduct, environment, and motive and circumstances leading to each of the crimes in this case, as well as the motive and circumstances leading to the defendant to commit the crimes in this case.

arrow