A defendant shall be punished by imprisonment for four months.

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.

Punishment of the crime

Defendant

A is the owner of “C” located in Sii-si B, and Defendant D (Separate Declaration on December 13, 2017) is the lessee of the above fishing place.

Any person who intends to operate a fishing place in private waters shall register with the head of a Si/Gun/Gu having jurisdiction over the relevant waters as prescribed by Ordinance of the Ministry of Oceans and Fisheries.

Nevertheless, on November 2016, the Defendants conspired to operate a fishing place business for profit in the above fishing place without registering it with the competent authority at a place which was not a policeman.

Accordingly, Defendant A, around December 1, 2016, installed a facility for fishing place business, such as receiving water in the said plastic house, preparing water tanks, etc., and leased the facility to Defendant D. Defendant D, from January 14, 2017 to February 16, 2017, operated a business using a method of receiving fishery fees of KRW 10,000 won for ordinary hours against many unspecified customers in the said fishing place, and KRW 20,000 for weekends.

As a result, Defendants conspired to commit a fishing place business on the private water surface without registering it with the competent authority from January 14, 2017 to February 16, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. A written statement of a person responsible for accusation;

1. Application of statutes on site photographs;

1. Article 53 (2) 2 and Article 16 (1) of the Act, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions under Article 62-2 of the Criminal Act, including the Defendant’s age, sexual conduct, and circumstances after the commission of the crime, shall be considered in light of the following normal relation: (a) the punishment as ordered shall be determined.

- Unfavorable circumstances: The fact that the defendant has repeatedly committed the crime by replacing the lessee under the conditions of the same kind of power, and repeatedly committed the crime: The defendant shows his attitude to reflect on the confession of the crime, and the present business has been suspended.