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(영문) 창원지방법원 통영지원 2015.07.06 2015고정75
수산업법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Criminal facts

The defendant is a person who was engaged in fishery as a member of the D fishing village fraternity located in Si, Gyeong-nam.

Any person who intends to run a fish farming business by subdividing specified waters shall obtain a license from the competent market.

① Nevertheless, on August 23, 2006, the Defendant: (a) received dividends from D fishing village fraternities to the aquaculture (which consists of five, 46 reductions, 300 knife, 300 knife, knife, knife, knife, knife) installed without obtaining a fishery license at the front sea; and (b) harvested approximately 10,800 knife until December 2013, and carried out a non-licensed farming business with a market price of KRW 5,40,00 won.

② From August 23, 2006 to August 22, 2009, the Defendant Do fishing village fraternity obtained a license through the Common Fisheries Cooperatives, and operated a farming business with the distribution of one set (25th) in the G (52) fishing village fraternity in front of the Sea in Tong Young-si, with respect to the form of the limited license F (5th, 200 meters reduced to 400m), which is set up in E in front of Dong Young-si, as the qualification of fishing village fraternity members, and one set (25th) in G fishing ground.

However, as of August 22, 2009, the above limited licence format was not able to exercise the fishery right any longer due to the expiration of the term of validity of the license.

Nevertheless, the Defendant did not obtain a re-license on the reduction of the limited license F 22 and limited license G 25 respectively from August 23, 2009 to December 2013, 2013, and carried out non-licensed fish farming with approximately KRW 13,500,000 at the market price by harvesting approximately approximately KRW 13,50 km.

Accordingly, the Defendant, like ①, harvested a total of 24,300 kgs and carried out unlicensed fish farming with the market price of 1,2150,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to H, I, and J;

1. Reports on internal investigation (the type of fisheries without compensation for damage and the period of personal fisheries) and each fishery license certificate;

1. Investigation report (calculated of the period of unlicensed cultivation and the amount of cultivation);

1. Application of Acts and subordinate statutes to photographs to investigate the actual conditions of underwater culture facilities;

1. Article 97 of the former Fisheries Act (amended by Act No. 12823, Oct. 15, 2014) by comprehensively combining relevant legal provisions on criminal facts.

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