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(영문) 부산지방법원 동부지원 2015.11.19 2015고정1244
수산자원관리법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant is operating a restaurant in Suwon-gu B, Busan.

No one shall possess, distribute, process, store or sell fishery resources captured and gathered in violation of an order under the Fisheries Act or products thereof, and no one shall sell, manufacture, manufacture, import, process, use, cook, store, subdivide, transport or display for sale, fishery resources captured and gathered in violation of an order under the Fisheries Act or foods, etc. manufactured, processed, subdivided or sold by any person other than a business operator.

Nevertheless, around May 23, 2014, the Defendant purchased the garsengs, which were illegally captured from D, not business operators under the Food Sanitation Act, from 3.6 million won, and sold them to customers in the above restaurant.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of a copy of an interrogation protocol of D prepared by the police;

1. Application of Acts and subordinate statutes stated in a investigation report prepared by the police (Attachment to the details of deposits in borrowed-name accounts of suspect D);

1. Subparagraph 1 of Article 64, Article 17 of the former Fishery Resources Management Act (amended by Act No. 13270, Mar. 27, 2015); Article 94(1)1, and Article 4 subparag. 7 of the former Food Sanitation Act (amended by Act No. 12496, Mar. 18, 2014);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishments imposed on a crime of violating the Food Sanitation Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

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

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