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(영문) 대전지방법원 서산지원 2017.07.07 2017고정54
수산업법위반
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Defendant A is the captain of each net fishing vessel D (7.93 tons) for the cargo of Seocheon-gun, and Defendant B is the actual owner of the said vessel.

Any person who intends to operate a fishery catch transportation business except where a person who has obtained a fishery license transports marine animals or plants captured, gathered or cultivated, or where a fishing vessel designated as a fishing vessel necessary for the management of fishing grounds (management vessel) or a person who has reported a fishery business under a fishery business as a fishing vessel reported by a fishery business operator as a fishing vessel required for the management of fishing grounds transports marine animals or plants captured, gathered or cultivated, shall register with the head of a Si/Gun/Gu having jurisdiction over his/her domicile or port of registry

However, on August 24, 2016, at around 14:30 on August 24, 2016, the Defendants transferred approximately 20 km-gh (7.93 tons) from each net fishing vessel D(7.93 tons) to each net fishing vessel, which had been captured by the coastal fishing vessel E(3.08 tons) at the place of fishery at the sea of 1st day in the west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun, west-gun

As a result, the Defendants conspired to operate fisheries without registering the catch transportation business.

2. According to Article 2 of the Decision-based Fisheries Act, the term “fishing business” included in fisheries refers to “business transporting catches or products thereof from a fishing ground to a landing place,” and the running of the fish transportation business refers to the business of repeating and continuing to transport catches or products thereof.

As to the instant case, the Defendants committed an act of transporting catches in addition to the act of transporting catches under the facts charged.

In the absence of any evidence to determine the person, and with the intention of repeating and continuing the transportation of the catch, the transportation of this case was committed.

Since there is no evidence to establish a person, the Defendants engaged in the catch transportation business.

It is difficult to see it.

Thus, the facts charged of this case are without proof of crime.

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