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(영문) 대전지방법원 서산지원 2012.12.07 2012고단905
사기등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the owner of the costal cabnet fishing vessel B (1.27 tons) and the captain, who is the captain, and is engaged in the fishery as the captain of the ship C(1.21) in Seosan-si.

Where a fishery right holder intends to use a fishing vessel necessary for controlling fishing grounds of his/her fishery business, he/she shall be designated by the head of a Si

However, the defendant, who entered into an event contract with D fishing village fraternity in Seosan-si, manages a swimming plantation operated by the defendant, from January 17, 2012.

4. From 30 up to 30 times, a coastal fishing vessel B was used to manage a coastal fishing vessel B in Seosan-si, which was not designated as a fishing ground management vessel by the competent authority, for the management of the underwater fishing plantation.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of a certificate of designation of the use of the management vessel (D fishing village fraternity);

1. A copy of a fishing vessel inspection certificate (B);

1. Application of Acts and subordinate statutes to report entry into and departure from fishing vessels;

1. Article 98 subparagraph 3 of the Fisheries Act and Article 27 (1) of the same Act (generally and collectively, the selection of fines) concerning facts constituting an offense;

1. The portion not guilty of Articles 70 and 69(2) of the Criminal Act for the detention in a workhouse;

1. Tax-free petroleum supplied upon entrustment to the Seosan Fisheries Cooperatives in order to contribute to the economic development and increase of the income of fishermen in the summary of the facts charged in the instant case, shall not be used for purposes other than fishery activities, and for other purposes;

On April 18, 2012, the Defendant: (a) filed an application for the issuance of tax-free petroleum 100liters in accordance with normal procedures; and (b) received 100liters of duty-free petroleum at the E station in Seosan-si, Seosan-si; and (c) received a certificate of tax-free petroleum 100liters of duty-free petroleum.

As such, tax-free gasoline for the fishing industry supplied by water cooperatives for the purpose of using in the above fishing vessel for the purpose of using tax-free gasoline for the fuel oil of private liter owned by the defendant who was parked in the lower court’s residence on June 11, 2012.

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