Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

The Defendant is a person who operates a fishing place with the trade name “C” in Ansan-si, a member B.

1. Any person who intends to draw water from any public waters in violation of the Public Waters Management and Reclamation Act shall obtain a permit for occupation or use of public waters from the management agency of public waters;

Nevertheless, the Defendant used sea water from October 13, 2014 to December 14, 2015 without obtaining permission from the management agency of public waters, and used sea water from 10 mix to 10 mix.

2. A person who intends to operate a fishing place business violating the fishing management and promotion shall obtain permission from the head of the Si/Gun/Gu having jurisdiction over the relevant waters, as prescribed by Ordinance of the Ministry of Oceans

Nevertheless, the Defendant, without obtaining permission from the head of the competent local government, set up approximately 4,00 office and 40 seats in the “C” located in the Dong-gu, Ansan-si and operated an unauthorized fishing place without permission, by drawing seawater from October 13, 2014 to December 14, 2015 under the same method as the above “A” and operating an unauthorized fishing place.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Photographs;

1. Application of business registration certificates, permits for occupation and use of public waters, and permits for fishing place business:

1. Article 62 Subparag. 2 of the relevant Act and Articles 8(1)5 (unauthorized use of public waters), Articles 53(1)2 and 10(1) of the Fishing Management and Promotion Act concerning facts constituting an offense, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act lies in the instant crime even if the Defendant was punished for the same kind of crime several times.