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(영문) 부산지방법원 2014.09.18 2014고정1853
수산업법위반
Text

Defendant

D shall be punished by fine of KRW 1,500,000.

Defendant

D If the above fine is not paid, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who is an executive secretary in charge of the overall affairs of G fishing village fraternities, such as administration and finance, by assisting the directors of G fishing village fraternities engaged in the business of cultivating seaweeds in the Gangseo-gu Busan Metropolitan City F, and Defendant C and Defendant B are all members of G fishing village fraternities. Defendant D is a head of H fishing village fraternity in charge of improving the productivity of fishing village fraternities and developing fishing village fraternities, etc., and Defendants are engaged in neglect farming.

1. A fishery right holder for a violation of the Fisheries Act under the defendant A, C, or B shall not have another person de facto control over the operation of the fishery business;

Nevertheless, from October 20, 2012 to February 2013, the Defendants agreed that D shall provide all the vessels owned by it, distribute 40% of earnings, and distribute 20% of earnings to D, and that D shall install, cultivate and gather fishing gear neglected in the above fishing ground, following the meeting of the representatives of G fishing village fishing village associations.

As a result, the Defendants conspired to have D practically control the operation of fisheries.

2. Defendant D

A. On the date stated in paragraph (1) above, the Defendant, as described in paragraph (1) above, neglected to install a fishing gear in heading 6 of Gangseo-gu G fishing village village fraternity, common fishing ground operated by the above Party A, C, and B (10 hectares). The Defendant collected seaweeds with the Defendant’s vessel and actually controlled the operation of the fishery.

(b) Where a fishery right holder intends to use a fishing vessel necessary for controlling fishing ground of his/her fishery, he/she shall obtain designation from the competent authority

Nevertheless, the defendant neglected to the Gangseo-gu, Gangseo-gu, the Joint Fishing Ground for G fishing Village Community(10 hectares) on the date mentioned in paragraph (1) above, and held the defendant who was not designated as a management vessel, and Busan Gangseo-gu, Busan Coast Complex Fishing Vessel.

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