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(영문) 광주지방법원 해남지원 2015.05.07 2014고단403
수산자원관리법위반
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

In order to transplant fishery resources, such as testing and aquaculture to be brought in from a foreign country, anyone shall obtain approval for transplantation of the National Institute of Fisheries.

The defendant shall operate D fisheries in Jeonnam-do C, and shall import and distribute uniforms from foreign countries, such as China and Japan.

On February 2, 2012, the Defendant received a proposal from the operator G of the F corporation, the operator of the Jeonnam Navy E, which was the operator of the Jeonnam Navy E, to transplant the laun uniform in the above laun uniform in Japan and to produce the laun. Accordingly, upon the import of the laun uniform in Japan, the Defendant respondeded to the proposal to sell the laun uniform.

On February 7, 2012, the Defendant: (a) received contact from the above D Fisheries Office to which Japan’s Cdab uniform was imported; and (b) received 10kg of Japan’s Cdab uniform 1670,000 from the Defendant imported for food and sold it; and (c) the G received 10kg of Japan’s Cdab uniform 10k from the same day to the above D Fisheries Office, and cultivated it to the head of the flab for the production of the flab.

As a result, the Defendant conspired with G, without obtaining permission from the President of the National Institute of Fisheries, which is the competent administrative agency of G, and transplanted a total of 130 km from that time to March 9, 2012, in collusion with each purchaser at least nine times, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against G, H, I, J, K, L, M, N, andO;

1. Application of Acts and subordinate statutes to the details of import, current status of distribution of uniforms prior to import, current status of distributors of uniforms prior to import, detailed statement of transactions, details of passbook transactions, copies of passbooks, copies of passbooks, certificates of results of electronic financial transfer, confirmation of results of electronic financial transfer, investigation report (limited to the quantity of Japanese pre-imports imported by DNA fisheries

1. Article 64 subparagraph 6 of Article 64 and Article 35 (1) 5 of the Fishery Resources Management Act, and Article 30 of the Criminal Act, which include the applicable law to facts constituting an offense and the choice of punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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