The defendant's appeal is dismissed.

1. The sentence of the court below (the fine of KRW 4,00,000) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case and is in depth divided, and that the defendant did not have much profits from the crime of this case.

However, the crime of this case was collected about 400 kg from the intake pumps the Defendant is prohibited from using. The fishery using the intake pumps is likely to destroy the ecosystem of the fish and shellfish living on the seabed, thereby suling the fishing ground or enhancing the fishery resources of the fish and shellfish in the fish farm. The crime of this case is committed repeatedly despite the fact that the Defendant had been punished one time for the same crime, and other factors of sentencing specified in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., are considered as being too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is not justified.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.