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(영문) 전주지방법원 군산지원 2013.12.18 2013고단1169
공기호부정사용등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual owner of the cargo ship C(13t) and the captain of the cargo ship at the time of Busan, and is the person engaged in fisheries by leasing D(7.93t, fishing vessel number: E) to improve the cost of loading in the west-gun of North Korea.

1. On March 2012, the Defendant illegally used the signboard of a fishing vessel, which is air defense, by manufacturing and attaching the signboard of the said D, leased from F to the steering house of the instant cargo line C at the front and rear top of the front port of the horse, at the front port of the end of the end of March 2012.

2. The Defendant at an illegal-use air defense event exercised the air defense that was illegally used by operating the said cargo C by operating the said cargo C from the date and time indicated in the foregoing paragraph (1) to June 13:50, 2013 by calling at and departing from the port of wood and the Gunsan-si, etc.

3. No person who violates the Fishing Vessels Act shall conceal, change or remove the indication of the name, etc. of the fishing vessel, and use the fishing vessel for navigation or fishing;

Nevertheless, on March 5, 2012, the Defendant: (a) removed the name of “C” indicated on the seat of the players of the instant cargo C, which is anchored at the port of the end of the end of the end of the month; (b) changed the name of “D” by marking it; and (c) used the name of “D” for coastal improvement harbor fisheries until June 13:50, 2013, as described in the foregoing paragraph (2).

4. A person who intends to run a fishery business using a powered fishing vessel of at least 8t gross tonnage in violation of the Fisheries Act shall obtain permission for each fishing vessel or fishing gear from the Minister of Maritime Affairs

Nevertheless, around 10:00 on April 4, 2012, the Defendant: (a) captured 360 km, such as miscellaneous fishing using the two frameworks of the coastal improvement implementation net in the 15-day area south-west Sea; (b) and (c) carried out coastal improvement net fishing over 28 times in total, as shown in the attached list of crimes, until May 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. The records of entry into and departure from the Republic of Korea, documentary evidence photographs, detailed information from entry into and departure from ports, copies of vessel lease contracts, and D consignment sales.

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