(영문) 울산지방법원 2020.8.13.선고 2020고단422 판결

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive. Items 6 to 35 seized evidence shall be confiscated from the accused. Ordering the accused to provide community service for 160 hours.

Reasons

Criminal facts

The defendant is a person who operates a cafeteria in the Ulsansan Nam-gu, the defendant is a person who operates the cafeteria with his/her husband and wife at his/her husband and wife at his/her husband and wife of agricultural products wholesale market.

In the case of teas, only a person who has discovered the same that has been caught (which has been caught incidentally in the course of fishing operations) sweeted (which has come fast away from the sea) sweeted ( which has come to the sea) and sweeted ( which has come to the sea because of the death of the first class), may obtain them by normal methods, such as sweeting at the Fisheries Cooperatives auction house after reporting it to the chief of the maritime police station, and no person shall capture the first class and carry, distribute, process, keep or sell the captured sweeted sweets.

Around July 2018 to August 8, 2018, the Defendant received a proposal from a person under whose name the Defendant had no intent to sell the string machine at a discount, which was illegally captured at the above K cafeteria, and decided to purchase the string machine at a half of the market price from the person under whose name the strings had no intent to purchase the string machine from the above strings. From that time to May 20, 2019, the Defendant purchased the string machine illegally captured from the above strings during several times, and stored it in the warehouse located in Ulsan-gu, Seoul, which was leased for the storage of the said string machines, and the said string, while managing the string machine kept in the said warehouse together with the Defendant, the Defendant was living in a cooking facility separately prepared in the vicinity of the said storage, and sold the string machine to customers with the above 200 K cafeteria, and the Defendant in collusion with the 2000 and the Defendant sold it to the 6060-g of the total market price.

Summary of Evidence

(Omission)

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Fishery Resources Management Act; Article 64 Subparag. 2 and Article 17 of the Fishery Resources Management Act; Article 30 of the Criminal Act (Monopoly, Selection of Imprisonment)

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Social service order;

Article 62-2 of the Criminal Act

1. Confiscation;

The reason of sentencing of Article 68(1) of the Fishery Resources Management Act is for endangered species internationally prohibited from capture, which need to be protected, and thus, it is necessary to strictly punish the act of distributing illegally captured mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing mincing cing mincing mincing mincing mincing mincing mincing mincing mincing mincs specialized in handling the past while operating a restaurant specialized in handling the past, and processing and keeping the same at a separate place, and selling it to the general public through the above restaurant. The defendant was not limited to the sale at his own restaurant, but supplied the illegally captured minc minc mincing minc.